Fulltext Opinions

Trial court erred in finding police lacked reasonable suspicion to detain appellee and in suppressing appellee?s statement to police and evidence recovered from vehicle in which he was a passenger

Trial court did not err in answering jury?s question regarding self-defense by referring the jury to previously given instructions; evidence was sufficient to support conviction of voluntary manslaughter

Trial court did not err in rejecting appellant?s double jeopardy argument that two indictments should have been merged into one when he entered guilty pleas to two separate and distinct counts of grand larceny

Summary affirmance ? evidence was sufficient to support termination of appellant?s parental rights to her child where her rights had already been terminated to an older child

Trial court did not err in awarding attorney?s fees to appellee under property settlement agreement of parties based on counsel?s representation of fees and in awarding child support based on sole custody guidelines rather than appellant?s suggestion of a divided formula

Trial court did not err in finding evidence was sufficient that appellant was a ?parent, guardian, or other person responsible for the care of? the child at the time the offense occurred; conviction of felony child abuse affirmed

No error in amount of contractual support payments allowed to appellant where she recovered what she sought and never objected on the record that the amount was inadequate

Summary affirmance ? no error in commission?s finding that appellee proved he sustained a compensable change in condition and awarding him temporary total disability benefits

Evidence was sufficient to support two convictions of assault and battery on a family or household member, third or subsequent offense

Summary affirmance ? no error in commission?s finding that appellant failed to prove she sustained an injury by accident arising out of her employment

Summary affirmance ? no abuse of discretion in trial court?s award of spousal support

Summary affirmance ? no error in commission?s finding that appellant failed to prove he sustained an injury by accident arising out of and in the course of his employment

Trial court did not err in finding appellee proved by clear and convincing evidence that appellant?s parental rights to her child should be terminated and that termination was in child?s best interest

Trial court erred in finding police lacked reasonable suspicion to detain appellee and in suppressing appellee?s statement to police and evidence recovered from vehicle in which he was a passenger

Summary affirmance ? evidence was sufficient to support termination of appellant?s parental rights to her child where her rights had already been terminated to an older child

Trial court did not err in admitting certificate of analysis of breathalyzer test where circumstantial proved time of accident and thus when appellant was driving under the influence, in denying motion to suppress statement that he was operator of vehicle, and in finding evidence sufficient to support conviction of driving under the influence, third offense in five years

Rule 5A:18 bars issue raised on appeal that Code § 19.2-295.2 permits the executive branch, through the Parole Board, to perform a judicial function of imposing a sentence imposed pursuant to Code § 19.2-295.2

No error in trial court?s award of rehabilitative spousal support to appellee

Trial court did not err in terminating appellant?s parental rights to her son where evidence proved appellee provided reasonable and appropriate services for her special needs and appellee presented clear and convincing evidence to support termination under Code § 16.1-283(B)

No error in commission?s finding that appellant?s amended claim was barred by two-year statute of limitations

Trial court did not err in denying motion to suppress where officer was able to sufficiently corroborate information from anonymous tip and had reasonable suspicion to effect a brief detention of appellant

Trial court did not err in admitting certificate of analysis of breathalyzer test where circumstantial proved time of accident and thus when appellant was driving under the influence, in denying motion to suppress statement that he was operator of vehicle, and in finding evidence sufficient to support conviction of driving under the influence, third offense in five years

Trial court did not err in adhering to statutory time period and denying appellant?s request to file exceptions to commissioner?s report late and in accepting recommendations in commissioner?s report; additional issues barred by Rule 5A:18

Trial court did not err in denying motion to dismiss knife found on appellant?s person during a frisk for weapons, in allowing the Commonwealth to permit amendment of indictment before trial, and in finding butterfly knife in his possession was a weapon of like kind to support conviction of possession of concealed weapon by a felon

No error in commission?s denial of appellant?s application to terminate appellee?s outstanding award of temporary total disability benefits where sufficient evidence proved appellee remains disabled due to his work accident

Trial court did not err in instructing the jury as to the definition of the term ?firearm? as used in Code § 18.2-53.1

Rule 5A:18 bars issue raised on appeal that Code § 19.2-295.2 permits the executive branch, through the Parole Board, to perform a judicial function of imposing a sentence imposed pursuant to Code § 19.2-295.2

No error in trial court?s refusal to dismiss charge of driving under the influence where breath test is not a statutorily mandated test under the implied consent law

No error in trial court?s award of rehabilitative spousal support to appellee

Trial court did not err in denying motion to dismiss knife found on appellant?s person during a frisk for weapons, in allowing the Commonwealth to permit amendment of indictment before trial, and in finding butterfly knife in his possession was a weapon of like kind to support conviction of possession of concealed weapon by a felon

Trial court did not err in terminating appellant?s parental rights to her son where evidence proved appellee provided reasonable and appropriate services for her special needs and appellee presented clear and convincing evidence to support termination under Code § 16.1-283(B)

Trial court did not err in instructing the jury as to the definition of the term ?firearm? as used in Code § 18.2-53.1

No error in commission?s finding that appellant?s amended claim was barred by two-year statute of limitations

No error in trial court?s refusal to dismiss charge of driving under the influence where breath test is not a statutorily mandated test under the implied consent law

Trial court did not err in adhering to statutory time period and denying appellant?s request to file exceptions to commissioner?s report late and in accepting recommendations in commissioner?s report; additional issues barred by Rule 5A:18

Trial court did not err in denying motion to suppress where officer was able to sufficiently corroborate information from anonymous tip and had reasonable suspicion to effect a brief detention of appellant

No error in commission?s denial of appellant?s application to terminate appellee?s outstanding award of temporary total disability benefits where sufficient evidence proved appellee remains disabled due to his work accident

Appellant?s conviction of construction fraud reversed and dismissed where evidence did not support that appellant obtained an advance of funds with fraudulent intent

Trial court did not err in terminating appellant?s parental rights to her child where evidence proved termination was in child?s best interest and appellant, without good cause, had been unwilling or unable to remedy conditions leading to child?s placement in foster care within a reasonable time

Error in trial court?s decision to allow appellee to continue to make mortgage payments and receive credit for them in lieu of making required child support payments where residence was no longer habitable after a fire, leaving appellant and child without a residence or sufficient funds to obtain shelter