REDDITT v. FAIRFAX COUNTY DEPARTMENT OF FAMILY SERVICES (112786)

Trial court did not err in ruling that DFS proved by clear and convincing evidence each of the requirements of Code Section 16.1-283(C)(1) (2), that appellant failed to substantially remedy the conditions which resulted in her children being placed in foster care, and that termination of appellant?s residual rights was in the children?s best interests

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REDDITT v. FAIRFAX COUNTY DEPARTMENT OF FAMILY SERVICES (112785)

Trial court did not err in ruling that DFS proved by clear and convincing evidence each of the requirements of Code Section 16.1-283(C)(1) (2), that appellant failed to substantially remedy the conditions which resulted in her children being placed in foster care, and that termination of appellant?s residual rights was in the children?s best interests

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REDDITT v. FAIRFAX COUNTY DEPARTMENT OF FAMILY SERVICES

Trial court did not err in ruling that DFS proved by clear and convincing evidence each of the requirements of Code Section 16.1-283(C)(1) (2), that appellant failed to substantially remedy the conditions which resulted in her children being placed in foster care, and that termination of appellant?s residual rights was in the children?s best interests

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ISHTIWI v. COMMONWEALTH

Trial court did not err in denying appellant?s motion to strike as evidence was sufficient to convict him of obstructing justice

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GARDNER v. GARDNER

Trial court did not err in its valuation of appellant?s medical practice; trial court erred in classifying pension as marital property and in considering the value of the accounts receivable in determining the marital award

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GIANT FOOD INC., et al. v. WEBB

Commission did not err in finding that the executed agreements filed August 31, 1998 constituted the filing of a timely claim for benefits as the filings of the parties? agreements satisfied requirements of Commission Rule 1:1 and fairly apprised the commission that a claim was being made by claimant

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HUMPHRIES v. COMMONWEALTH

No error in trial court?s finding evidence sufficient to support appellant?s convictions of third offense petit larceny and assault and battery

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SCHOENBERGER v. COMMONWEALTH

No error in trial court?s finding evidence sufficient to support appellant?s conviction of stalking as evidence proved appellant?s conduct placed the victim in reasonable fear of bodily injury or sexual assault

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FAINES v. COMMONWEALTH

Trial court erred in not suppressing the evidence as no exigent circumstances existed to justify a warrantless entry

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WILSON v. COMMONWEALTH

Appellant's convictions of possession of cocaine with intent to distribute and possession of firearm while in possession of cocaine affirmed under Rule 5A:18 where argument raised on appeal was not raised in trial court

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MCBRIDE v. MCBRIDE

Trial court did not err in valuing and dividing certain marital accounts, in granting wife a portion of husband's pretrial military retirement pay, in failing to classify and value certain marital personal property, and in awarding wife a protective order; trial court abused its discretion in awarding certain separate personal property to wife

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HALES v. COMMONWEALTH

Trial court did not abuse its discretion in admitting evidence of other crimes at either trial

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IN RE: PIERCE

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

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TUCEK v. COMMONWEALTH

Trial court did not err in convicting appellant for violating the sex offender registration requirements as appellant lacks standing to advance the constitutional claim raised at trial and asserted on appeal

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WILKINS v. GEORGIA-PACIFIC CORPORATION

Summary affirmance - no error in commission's denying appellant's claim for compensation for temporary total disability benefits and for medical benefits as appellant failed to sustain his burden of establishing a reasonable excuse for his failure to give timely notice of his accident to his employer

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ALDRIDGE v. COMMONWEALTH

Trial court did not err in finding that the detectives acted appropriately and in accord with the protections of Miranda, in determining that the Commonwealth presented sufficient evidence of the corpus delicti of homicide, and in finding evidence sufficient to show that appellant acted with premeditation and malice

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HEADLEY v. JEWELL

Summary affirmance - this appeal is dismissed and issues raised on appeal concerning custody and visitation are moot as parties' son is now eighteen years old and no longer a minor

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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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