Fulltext Opinions

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

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

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.

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

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

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

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

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

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)

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

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

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

Summary affirmance - no error in commission's finding that employer failed to meet its burden of proving that appellee was released to her pre-injury work beginning November 7, 2003

The merits of appellant's claims cannot be reviewed as the record on appeal is insufficient to fairly and accurately determine issues presented

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

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

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

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

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

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"

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

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

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

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"

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

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

Summary affirmance - argument advanced on appeal was not raised in trial court and is precluded by Rule 5A:18

Summary affirmance - trial court did not err in finding evidence sufficient to terminate appellant's residual parental rights

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

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

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

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

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

Summary affirmance - trial court did not abuse its discretion in its spousal support award or in refusing to award appellant her attorney's fees

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

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

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

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

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

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