Fulltext Opinions

Court finds evidence not sufficient to support convictions of felony child abuse and misdemeanor reckless handling of firearm

Trial court did not err in denying appellant's motion to be sentenced under 2003 amended version of Code Section 18.2-308.4 rather than version in effect at time of offense

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Trial court did err in finding evidence was sufficient to prove appellant's operator's license was revoked and that appellant had notification of that revocation as required by statute

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

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

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

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

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

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

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

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

Award of commission affirmed where credible evidence supported findings that appellee had post-traumatic stress syndrome, that it was a disease as opposed to an injury by accident and that it was caused by him employment

Judgment of trial court affirmed where evidence supported jury's verdict of malicious wounding, limitation of cross-examination of nature of victim's prior convictions was harmless and no probability that had additional impeachment evidence been disclosed, it would have changed jury's verdict

Judgment of trial court affirmed where Court finds appellant's issue of whether he could be convicted of attempted grand larceny of vehicle and grand larceny of contents of vehicle under single larceny doctrine barred by Rule 5A:18

Judgment of trial court affirmed where evidence supported termination of appellant's parental rights to her children

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

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

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