Fulltext Opinions

Trial court did not err in finding appellant guilty of driving under the influence; trial court erred in not considering Code Section 46.2-398 and matter remanded to trial court for appropriate action

Trial court did not err in finding evidence sufficient to convict appellant for attempted malicious wounding of a law enforcement officer

Summary affirmance - no error in trial court's award in spousal support and attorney's fees to appellee

Trial court did not err in finding Code Section 4.1-322 does not violate Eighth or Fourteenth Amendments and in convicting appellant of possession of alcohol by an interdicted person

No error in trial court's finding various promissory notes unenforceable and in refusing to classify the debts represented by those notes as appellant's separate property

Trial court did err in finding evidence was sufficient to prove appellant's operator's license was revoked and that appellant had notification of that revocation as required by statute

Trial court did not err in denying appellant's motion to suppress evidence as Court finds evidence was obtained pursuant to a proper custodial arrest

No error in trial court's finding that evidence was sufficient to prove appellant committed forcible sodomy through the use of force, threat or intimidation

Trial court erred in excluding appellant's proffered evidence that speed limit at location where she was stopped and charged with speeding had not been lawfully established

Trial court erred in finding that felony convictions, which were needed to invoke Code Section 19.2-297.1, were admissible at guilt stage of trial as element of conviction of malicious wounding under Code Section 18.2-51

Summary affirmance - No error in commission's determination that appellant sustained his burden of proving a compensable occupational disease, Mixed Connective Tissue Disorder, arose out of and in course of his employment

No error in trial court's affirmance of administrative finding by appellee that appellant mentally abused his minor son

No error in trial court's denial of motion to suppress where appellant's arrest for trespassing was neither unconstitutional nor illegal and drugs were found as result of search while in jail

No error in trial court's denial of motion to suppress statements appellant made to the police

Summary affirmance - Trial court did not err in granting appellee's motion to strike and in dismissing the petitions to terminate his parental rights to his four children

Evidence was sufficient to support trial court's finding that termination of appellant's parental rights to her two minor children was in their best interests and that not reasonably likely that conditions resulting in the abuse and neglect could be substantially eliminated within a reasonable period of time

No error in commission's interpretation of Birth-Related Neurological Injury Compensation Act and its finding that Act was inapplicable to the unique circumstances presented in this case where child was born at home and then transported to hospital

Petition for writ of actual innocence dismissed where civil adjudication as an habitual offender does not qualify under statute as a felony conviction and petitioner's argument challenging validity of statutes leading to his adjudication is not evidence entitling petitioner to relief

Trial court did not err in finding that probative value of admission of related murder conviction evidence outweighed potential prejudical effect

Trial court did not err in permitting prosecution of aggravated involuntary manslaughter charge, admitting the hospital toxicology report, or in refusing appellant's proffered jury instructions; evidence was sufficient to support conviction

Summary affirmance - No error in commission's decision that appellant failed to prove her right knee injury arose out of her employment

Judgment of trial court affirmed where record does not establish that appellant was denied his right to a speedy trial

Trial court erred in its calculation of value of appellee's practice for purposes of equitable distribution and erred in failing to make a reservation of appellant's right to request spousal support; matter remanded to trial court for further proceedings

No error in trial court's finding that certain assets were appellee's separate property and were not to be divided according to written separation agreement

Judgment of trial court affirmed where evidence supported appellant's convictions of disorderly conduct and assault

No error in trial court's finding that appellant failed to establish that parties' separation agreement was unconscionable, in determining effect of reconciliation under agreement or in determining appellee's interest in appellant's practice or former marital residence

Court finds that trial court applied an incorrect standard in its review of whether to terminate appellees' parental rights; matter remanded for further proceedings

Trial court's dismissal of appeal from juvenile court of an order finding appellant in contempt and establishing an arrearage amount affirmed where appellant failed to post an appeal bond including arrearage amount

No error in trial court's decision that appellant pay one-half of the guardian ad litem fee or in denying her request for an award of attorney's fees

Judgment of trial court affirmed where Court finds short form of indictment informed appellant of nature and cause of accusation against him and trial court did not err in granting/refusing instructions to jury

Trial court erred in its calculation of the value of appellant's practice for purposes of equitable distribution; matter remanded to trial court for further proceedings

No error in trial court's denial of motion to suppress or in finding evidence sufficient to support convictions of obstructing justice, possessing an imitation controlled substance with intent to distribute and possession of firearm by felon

No error in commission's finding that appellees proved by a preponderance of the evidence that appellant was released to perform her pre-injury employment

Summary affirmance - Appellant failed to preserve under Rule 5A:18 any issue for appeal

Judgment of trial court affirmed where record fails to present affidavits appellant contends did not provide magistrate with probable cause to issue search warrant for his business

No error in trial court's finding that the agreement of the parties predated the cohabitation bar of statute and appellant has no statutory right to terminate spousal support and as agreement does not authorize termination on cohabitation grounds, appellant has no contractual right to terminate spousal support

Summary affirmance - Evidence supported termination of appellant's parental rights to his children

Judgment of trial court convicting appellant of two counts of possession of cocaine and marijuana with intent affirmed where evidence proved appellant was aware of presence and character of the drugs and consciously possessed them

Summary affirmance - This Court cannot address issue of whether trial court erred in dismissing as moot appeal of order which granted appellant's counsel's motion to withdraw where appellant did not preserve any issue with regard to support and visitation order

Judgment of trial court affirmed where preponderance of evidence supported finding that changing goal of foster care plan from return to parent to adoption was in best interest of children