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0024204Kerry Ann Spell v. Commonwealth of Virginia 12/15/2020
Trial court erred in denying appellant’s motion to set aside verdict of jury where the evidence was insufficient to prove that the child was a “child in need of services” as contemplated by Code § 18.2-371

0763202Lorraine D. Aufforth v. Joann Aufforth 12/15/2020
Trial court did not err in granting appellee’s motion to dismiss a summons for debtor’s interrogatories where appellant’s factual allegations fail to establish that appellee was a debtor to or a bailee of the debtor husband pursuant to Code § 8.01-506(A)

1722193Rebecca Jones Richard v. Commonwealth of Virginia 12/08/2020
Trial court did not err in denying appellant’s motion to strike charge of conspiracy to distribute a controlled substance; trial court erred in refusing appellant’s proffered instructions

0176202Nicholas Lee Thomas v. Commonwealth of Virginia 12/01/2020
Trial court did not err in denying appellant’s motion to suppress statements made to the officers where appellant was not subject to the type of police conduct that would compel a reasonable person to incriminate themselves and appellant’s voluntary communication with the officers demonstrated a knowing, intelligent, and voluntary waiver

0930202Norman T. Johnson v. Commonwealth of Virginia 12/01/2020
Court has jurisdiction to consider the petition because Code Section 19.2-327.10 removed the requirement that petitioner must have entered a “plea of not guilty” and the limitation that petitioner may only file one petition challenging a felony conviction.

1146194Paula Jo Smith v. Commonwealth of Virginia 12/01/2020
No error in jury’s finding that evidence was sufficient to prove appellant made a conscious decision to “put up” in the hotel room for a period of time without paying for it

1275192Richard Paul Stevens v. Commonwealth of Virginia 12/01/2020
Trial court did not err in ruling that the witness was qualified to testify as an expert in the areas of child abuse and disclosure and in allowing her testimony

8888881Cases Appealed to the Supreme Court of Virginia 12/01/2020

0436201Troy McGowan v. Commonwealth of Virginia 11/24/2020
No error in trial court’s finding that evidence was sufficient to prove a bodily injury occurred as a result of appellant’s biting of the victim in violation of Code § 16.1-253.2(C)

1736192Ruebin Clifton Fletcher v. Commonwealth of Virginia 11/10/2020
No error in trial court’s finding that evidence was sufficient to support appellant’s convictions of carjacking and attempted malicious wounding; trial court erred in sentencing appellant in excess of the statutory maximum for appellant’s conviction of abduction

0343201Mary Price v. Commonwealth of Virginia 11/04/2020
Trial court erred in failing to disqualify the private prosecutor in this case where he simultaneously represented the victim in a civil action against the appellant and procedural safeguards were not followed that would have ensured the publicly-elected prosecutor remained in control of the case

0680194Norman L. Blowe, Jr. v. Commonwealth of Virginia 10/27/2020
No error in trial court’s finding that appellant suffered no prejudice from the court clerk’s ex parte statement to the jurors that they had to follow the sentencing instructions given by the trial court

1889194David L. Ridenour v. Laura M. Ridenour 10/20/2020
Trial court did not abuse its discretion in fashioning the child support award after finding that application of the child support guidelines was unjust and inappropriate and Code § 20-108.2(D) did not require any unreimbursed medical expenses be categorically excluded from child support calculations a matter of law

1929193Shannon Kathleen Smith Hurt Lively v. Paulette Holland Smith and Link Monroe Smith 10/20/2020
No error in trial court’s finding that Code § 63.2-1216 is not unconstitutional as applied to the facts of this case where appellant did not lack understanding of the nature and legal consequences of her consent to the adoption of her child by appellees

1091191Stephen Raymond Saal v. Commonwealth of Virginia 10/13/2020
Trial court did not err in denying appellant’s motion to suppress where the officer’s entry upon appellant’s curtilage was reasonable under the facts and circumstances and did not violate the Fourth Amendment

1595194Mark Spencer Cady v. Commonwealth of Virginia 08/11/2020
Conviction of reckless driving reversed where evidence was insufficient to prove criminal negligence

1001193Neal Andrew Peters v. Commonwealth of Virginia 08/04/2020
Judgment of trial court affirmed where evidence was sufficient to prove the officer had “the immediate physical ability to place [appellant] under arrest” to satisfy the statutory language in Code § 18.2-460(E)

1575191Chris Antonio Holloway v. Commonwealth of Virginia 08/04/2020
Trial court erred in dismissing the motions to reconsider appellant’s sentence imposed for a violation of Code § 18.2-248 where Code § 19.2-303.01 authorized the trial court to reduce appellant’s mandatory minimum sentence subsequent to its imposition if it found appellant provided substantial assistance to the Commonwealth

1793192Aaron Emile McArthur v. Commonwealth of Virginia 07/28/2020
Trial court erred in denying appellant’s motion to suppress the firearm where one officer’s knowledge of appellant’s possible gang affiliation cannot be imputed to another officer as justification for a protective sweep of the vehicle where the officer searching was not provided that information prior to the search

1510192Matthew Thomas Conley v. Brenda Lynn Bonasera 07/21/2020
Trial court erred in finding that termination of appellee’s award of spousal support was unconscionable after finding appellee cohabited in a relationship analogous to marriage for a period exceeding one year; trial court did not err in denying attorney’s fees and costs to appellant

1735181Quartrez Logan, s/k/a Quartrez Rashad Logan v. Commonwealth of Virginia 07/21/2020
Upon Rehearing En Banc – judgment of trial court affirmed where the Sixth Amendment does not require that the Commonwealth provide appellant with the opportunity to cross-examine the deputy who served the protective order on appellant where the return of service was not functionally equivalent to live, in-court testimony

0204204John Berry v. Mary Barnes, Tricia Ann Scanlon and Donald Edward Scanlon 07/14/2020
The trial court erred in finding appellant lacked standing where a man may timely register with the Virginia Birth Father Registry within ten days of a child’s birth regardless of whether he has been notified previously of the Registry pursuant to Code 63.2-1250(F)

1681191Frank Boyd, Jr. v. Commonwealth of Virginia 07/14/2020
No error in trial court’s finding that evidence was sufficient to find that appellant’s actions were wrongful and supported conviction of parental abduction

1930191Wardell Orthopaedics, P.C. v. Colonna's Shipyard, Inc. and United States Fidelity and Guaranty Co. 07/14/2020
Commission properly interpreted and applied Code § 65.2-605.1(G) and did not err in dismissing appellant’s claim for additional payment based on lack of jurisdiction

0154194William Howard Robinson v. Commonwealth of Virginia 07/07/2020
Judgment of trial court affirmed as the assignment of error regarding the trial court’s denial of a motion to sever was procedurally defaulted

0616194Timothy Warnick, s/k/a Timothy William Warnick v. Commonwealth of Virginia 07/07/2020
Judgment of trial court affirmed as that court did not deny appellant any of his constitutional rights under the Sixth and Fourteenth Amendments and because certain hearsay statements was either properly admitted or admitted hearsay

1539193Dustin Clinton Delp v. Commonwealth of Virginia 06/30/2020
Judgment of trial court affirmed because appellant’s guilty pleas waived his right to appeal the issue concerning trial court’s denial of a motion for new counsel

1898194Kumar Sangaran v. Shabnam Sachdeva 06/23/2020
Trial court erred in finding that appellant anticipatorily repudiated the Agreement to Arbitrate and that appellee accepted that repudiation prior to appellant’s revoking any repudiation

0221191Coshaun Tyrell Bryant v. Commonwealth of Virginia 06/16/2020
Trial court did not err in denying appellant’s motion to suppress evidence obtained from a search of the suitcase and a search of the safe based on the actual or apparent authority of the lessee of the apartment to consent to a search and the affidavit for a search warrant contained sufficient information to authorize a search of the safe

0581202Hoffman Partnership, LLP, et al. v. Circuit Court of Spotsylvania County 06/16/2020
Petition for writ of prohibition denied where the circuit court has subject matter jurisdiction and petitioner has alternative remedies

0589191Isaiah A. Green v. Commonwealth of Virginia 06/16/2020
Trial court did not err in finding that appellant entered the victim’s residence with the intent to commit another misdemeanor in addition to the trespass to which he pled guilty; evidence was sufficient to support trial court’s finding that appellant contacted the victim which violated the protective order

0369194Kevin Diaz Gomez, s/k/a Kevin Diaz-Gomez v. Commonwealth of Virginia 06/09/2020
Judgment of trial court affirmed where appellant failed to raise his argument concerning a fatal variance in the indictment before verdict, as required by Code § 19.2-227

1059191Shelton Legrand Riddick v. Commonwealth of Virginia 06/02/2020
Judgment of trial court affirmed where circuit court had subject matter jurisdiction to try appellant’s appeal of his general district court convictions

1717184Karen Rompalo v. Commonwealth of Virginia 06/02/2020
Appellant’s convictions of destroying a public record affirmed where trial court did not err in interpreting Code § 18.2-107 or in refusing appellant’s proffered jury instructions; appellant did not preserve for appeal the sufficiency of the evidence argument; Court will not consider her relevancy and hearsay objections where appellant took inconsistent positions below

9999991Rayquan Bernard Barnes v. Commonwealth of Virginia 06/02/2020
Motion for bond denied where trial court did not abuse its discretion in denying bond

0375193Donnie Elijah Smallwood v. Commonwealth of Virginia 05/12/2020
Trial court erred in convicting appellant of three counts of conspiracy to obtain money by false pretenses after finding there was a single agreement

1145194Endalkachew Merid v. Commonwealth of Virginia 05/12/2020
Trial court did not err in denying the motion to suppress where the officers acted reasonably in entering the apartment to render emergency aid and in conducting a security sweep of the remaining area of the residence and those actions did not violate the Fourth Amendment

0515193Olmedo Alberto Pena Pinedo v. Commonwealth of Virginia 05/05/2020
Trial court did not err in refusing to instruct jury on claim of right defense where that instruction was not supported by more than a scintilla of evidence as the property sought to be reclaimed was undisputedly the proceeds of criminal activity and one cannot have a good faith belief that one has a legal right to recover contraband or the fruits of a crime

1706182Brent Edward Tanner v. Commonwealth of Virginia 05/05/2020
No error in trial court’s finding that the evidence established venue and that appellant’s obstructive behavior with regard to his trial for attempted arson is proscribed by Code § 18.2 460(C

0459192LaShaunda Tenika Meekins v. Commonwealth of Virginia 04/28/2020
Trial court did not abuse its discretion in excluding evidence offered by appellant to show the victim’s character at sentencing as irrelevant; any error by trial court in failing to consider the hearsay statement made to the officer was harmless

0028191Paul Anthony Chenevert v. Commonwealth of Virginia 04/21/2020
No error in trial court’s holding that the letter from the child victim to her mother and the drawings made by the victim during a forensic interview were admissible under the hearsay exception provided by Code § 19.2-268.3

0279193Natalie Marie Keepers v. Commonwealth of Virginia 04/14/2020
Trial court did not err in denying appellant’s motion to suppress and did not abuse its discretion in refusing to strike two jurors for cause

0390192Richard Duane Joyce, Jr. v. Commonwealth of Virginia 04/14/2020
Trial court did not err in denying appellant’s motion to suppress where the officer had reasonable suspicion to initiate a traffic stop

0413192Herbert M. Jordan v. Commonwealth of Virginia 04/14/2020
No error in trial court’s finding that evidence proved the item appellant was hiding in his prison cell was a cell phone

0323191Adrian Knight v. Commonwealth of Virginia 04/07/2020
Trial court erred in denying appellant’s motion to suppress where the Commonwealth failed to prove the gun inevitably would have been discovered through a subsequent lawful inventory search

0455194John Carlos Bardales v. Commonwealth of Virginia 04/07/2020
No error in trial court’s interpretation of appellant’s plea agreement, and trial court did not err in placing appellant in the custody of the Department of Corrections to complete the Youthful Offender Program

0556192Robert Meredith Otey, Jr. v. Commonwealth of Virginia 04/07/2020
No error in trial court’s finding that evidence was sufficient to prove appellant’s conviction of unauthorized use of motor vehicle where it proved appellant’s use of the vehicle exceeded the limited purpose it was given to appellant and the value of the vehicle exceeded the statutory amount

1322193Berglund Chevrolet, Inc. v. Virginia Department of Motor Vehicles, et al. 04/07/2020
Trial court did not err in affirming the Commissioner’s decision denying appellant’s request for an increase in compensation for warranty repair work

1537194Intercept Youth Services, Inc. and Key Risk Insurance Company v. The Estate of Lizbeth Y. Lopez 04/07/2020
No error in Commission’s findings that it lacked jurisdiction to consider the case and that appellants’ request for hearing was moot where there was no timely claim before the Commission and the request for hearing was filed more than two years after the date of the accident

1108194Jerry Dixon v. Rebecca Dixon 03/31/2020
Decision of trial court denying appellant’s motion to strike appellee’s counter-complaint for divorce affirmed; trial court erred by offsetting appellant’s equitable distribution monetary award against appellee’s spousal support award

1322182Melanie Vandyke v. Commonwealth of Virginia 03/31/2020
Judgment of trial court affirmed where the trial court lacked authority to grant a deferred disposition under Code § 18.2-258.1(H) at the time appellant requested it

1735181Quartrez Logan, s/k/a Quartrez Rashad Logan v. Commonwealth of Virginia 03/31/2020
Petition for rehearing en banc granted

0590191Jacob Andrew Herrington v. City of Virginia Beach 03/24/2020
Trial court erred in finding evidence was sufficient to convict appellant of Virginia Beach City Code § 23-7.1 where the evidence did not establish circumstances such as to indicate to a reasonable man that the public safety required he provide identification to the police officer upon request

0942181James Lamont Madison v. Commonwealth of Virginia 03/24/2020
Petition for writ of actual innocence dismissed because petitioner has not met his burden to show by clean and convincing evidence that no rational trier of fact would have found proof of guilt beyond a reasonable doubt

1945181Justin Leon Walker v. Commonwealth of Virginia 03/24/2020
No error in trial court’s finding that appellant, by his conduct, was knowingly waiving his right to counsel where appellant’s conflicts with multiple counsel were the result of voluntary and intentional conduct designed to delay and obstruct the proceedings and appellant knew of the potential consequences of engaging in that conduct

2030183Christopher Pilenza v. Nelson County Department of Social Services 03/17/2020
No error in termination of appellant’s parental rights to his child where trial court found appellant’s cousin by blood was no longer a relative after appellant’s adoption was finalized

0774171Nathaniel Dennis v. Commonwealth of Virginia 03/10/2020
Petition for writ of actual innocence dismissed because petitioner has failed to establish by clear and convincing evidence that if certain statements had been known and introduced at trial, a reasonable jury would not find petitioner guilty beyond a reasonable doubt

1455183Brandon Scott Blankenship v. Commonwealth of Virginia 03/10/2020
No error in trial court’s finding that evidence was sufficient to prove two counts of assault and battery on a law enforcement officer, assault and battery, and animal cruelty

1665182Cody W. Brewer v. Commonwealth of Virginia 03/10/2020
Trial court did not err in finding evidence proved that the way appellant used his iPhone to access the internet and use a mobile app to transfer money from one account to another rendered it a computer for purposes of Code § 18.2-152.3

1929183Antonio Jones v. Commonwealth of Virginia 03/10/2020
Trial court did not err in admitting victim’s statements on the edited recording as they were non hearsay and gave context to appellant’s admissions; admissibility of appellant’s statements as misleading and confusing procedurally barred by Rule 5A:18

1735181Quartrez Logan, s/k/a Quartrez Rashad Logan v. Commonwealth of Virginia 03/03/2020
No error in appellant’s conviction of attempting to obtain a firearm while subject to a protective order where the statements at issue were primarily created to comply with statutory provisions and enable the entity to administer its affairs, a non-prosecutorial purpose and were therefore not testimonial

0060193Michael Dwayne Ferguson v. Commonwealth of Virginia 02/25/2020
On review of the assignment of error presented in the petition for appeal and granted by this Court, judgment of trial court convicting appellant of incest based on his conditional guilty plea affirmed

1372191City of Newport News v. Joey K. Kahikina 02/25/2020
No error in Commission’s award of benefits where appellee’s claim was timely filed and evidence supports the conclusion that appellee was entitled to invoke the presumption under Code § 65.2-402(B)

0906192Tyrone Jacobs v. Gina Wilcoxson 02/18/2020
Trial court did not err in denying appellant’s motion to vacate where the denial of the protective order by the juvenile court was a final order for purposes of appeal under Code § 16.1-296

1705181Robert Weldon Dayvon Yerling, s/k/a Robert Weldon Dayvon Yearling v. Commonwealth of Virginia 02/18/2020
Trial court erred in finding evidence sufficient to prove appellant was aware of the nature and character of the single pill found in the console of the car he was driving

0424191Merck & Co., Inc. v. Merrick B. Vincent 01/14/2020
No error in Commission’s award of permanent total disability where the compensable consequence doctrine imputes the occurrence of new injuries naturally following from the original injury to the original accident for purposes of Code § 65.2-503(C)

0603182Roy Leeshun Williams v. Commonwealth of Virginia 01/14/2020
Appellant’s conviction of receiving a stolen firearm affirmed where trial court did not err in denying appellant’s motion to suppress and evidence was sufficient to support jury’s verdict; appellant’s conviction of possession of marijuana subsequent offense reversed and remanded where trial court erred in admitting the evidence of the marijuana field test

0859192Jacob F. Chaney v. Julia L. Karabaic-Chaney 01/14/2020
Trial court erred in precluding appellant from introducing evidence of appellee’s adultery for any purpose and failed to consider one of the mandatory factors under Code § 20-107.1(E) where that code section does not limit a court’s consideration to the legal grounds actually pled for divorce when determining spousal support

1226181Cassandra Marcelle Murray v. Commonwealth of Virginia 01/14/2020
Appellant’s conviction of possession of a firearm by a violent felon affirmed where trial court did not err in admitting testimony of officer as a lay opinion; appellant failed to proffer answers to questions she argues she should have been allowed to ask officers; evidence was sufficient for jury to conclude her possession of the firearm was knowing and intentional

0242193Linda Kaye Nelson, s/k/a Linda Lay Nelson, s/k/a Linda Kay Nelson v. Commonwealth of Virginia 01/07/2020
Judgment of trial court affirmed where, although trial court erred in failing to properly apply Rule 1:1 in denying appellant’s motions for a new trial for lack of jurisdiction, appellant approbated and reprobated and appellant failed to preserve any objection regarding the trial court’s evidentiary ruling

1070192New Age Care, LLC v. Caroline Juran, Executive Director, et al. 01/07/2020
Judgment of trial court dismissing appellant’s petition for appeal affirmed where it did not err in considering motion to dismiss filed by Dharma and joined by the Board or in granting the motion to dismiss prior to an evidentiary hearing

1090191Joshua Gaines & Makiba Gaines v. Dept. of Housing & Community, et al. 01/07/2020
Trial court did not err in upholding the Review Board’s decision that the Virginia Maintenance Code requires the installation of a heating system in the appellants’ rental property and that the lack of a heating system rendered the property unfit or unsafe for habitation

1162181Kevin Lamont Knight, a/k/a Suge Knight v. Commonwealth of Virginia 01/07/2020
Petition for writ of actual innocence is dismissed as petitioner has not met his burden to show by clear and convincing evidence that no rational trier of fact would have found proof of guilt beyond a reasonable doubt

0315191Eric Cherron Jones v. Commonwealth of Virginia 12/27/2019
Trial court erred in denying appellant’s motion to suppress where the officer’s mistake of law was not objectively reasonable and his conduct was sufficiently culpable to justify application of the exclusionary rule

1910182Sidi O. Jiddou v. Commonwealth of Virginia 12/27/2019
Appellant’s convictions of fraudulently purchasing cigarettes, possessing with intent to distribute tax-paid contraband cigarettes, and money laundering affirmed where evidence was sufficient and trial court did not err in granting Commonwealth’s request for a jury trial; argument regarding admitting evidence relating to nationality and religion barred by Rule 5A:18

1428184Torrance Juarez Jenkins v. Commonwealth of Virginia 12/17/2019
Trial court did not err in admitting appellant’s 2010 probation violation report into evidence at the sentencing portion of appellant’s 2018 probation revocation proceeding

0870192Andre Washington v. Caroline County Department of Social Services 12/10/2019
Trial court did not err in dismissing appellant’s petition for appeal for lack of jurisdiction where Rule 2A:4(a)’s mandatory service requirements were not met because appellant failed to take necessary steps within thirty days of the filing of the notice of appeal to cause a copy of the petition for appeal to be served on the agency secretary

1199183Robert Anthony Tyler Martinez v. Commonwealth of Virginia 12/10/2019
Trial court did not err in revoking appellant’s suspended sentence and transferring him to DOC custody in the February 6, 2018 order or in entering the July 26, 2018 order clarifying the revocation and transfer order

0934181Lenny Rock Kenner v. Commonwealth of Virginia 12/03/2019
Trial court did not abuse its discretion in admitting the evidence of child pornography, in denying counsel’s motion to withdraw based on a conflict of interest at the point no actual conflict had ripened, and in denying appellant’s untimely motion to poll the jury

1379184Chancelier Fazili v. Commonwealth of Virginia 12/03/2019
Trial court erred in broadly denying appellant access to the internet without articulating the reasons on the record that would justify a general ban on internet usage

1543182Willie Hicks, Jr. v. Commonwealth of Virginia 12/03/2019
Trial court did not err in excluding proffered testimony that the victim had made prior false allegations of sexual abuse where appellant failed to make the threshold showings that the allegations were made and were false; arguments regarding jury unanimity and his proffered evidence that victim had genital warts waived

1294181Larry Dornell Palmer v. Commonwealth of Virginia 11/26/2019
Trial court did not err in allowing victim to invoke the Fifth Amendment and admit the transcript of her testimony from the preliminary hearing after deeming her unavailable to testify or in finding evidence was sufficient to prove the malice necessary to support the aggravated malicious wounding conviction

0076191Gerard Lamontese Lee v. Commonwealth of Virginia 11/19/2019
Trial court did not err in revoking appellant’s suspended sentences after finding the period of suspension of the suspended sentences began to run from appellant’s release from incarceration

1786181Yorhonda Milldred Pooler, s/k/a Yorhonda Mildred Pooler v. Commonwealth of Virginia 11/19/2019
No error in trial court’s finding that appellant had neither permission to be at the home nor the right to occupy it when the burglary occurred

0207194Jason Wynnycky v. Susan T. Kozel 11/12/2019
Trial court did not abuse its discretion in crafting a custody arrangement that served the child’s best interests

0215193Adam Christopher Armstrong v. Kristy Marie Armstrong 11/12/2019
Trial court did not abuse its discretion in awarding the parties joint legal custody of the parties’ child after finding joint legal custody was in the child’s best interests despite the existence of the protective order between the parties

0264182Charles Erskine Church v. Commonwealth of Virginia 11/12/2019
Trial court did not err in denying appellant’s motion to dismiss for a Brady violation where appellant was able to make effective use of the evidence at trial or in admitting the underwear and the DNA test results into evidence

1305154Tobias O. Reed v. Commonwealth of Virginia 11/12/2019
Upon remand from the Supreme Court, the Commonwealth is permitted to argue the government acted in good faith even if raised for the first time after remand from the United States Supreme Court and the good-faith exception to the exclusionary rule applies were the government actors were acting in good faith

1463182Jacob Scott Goodwin v. Commonwealth of Virginia 11/12/2019
Trial court did not abuse its discretion in refusing to strike four potential jurors for cause or in denying appellant’s motion to set aside the verdict where the evidence was sufficient to support the jury’s verdict that appellant was guilty of malicious wounding

1595182Alex Michael Ramos v. Commonwealth of Virginia 11/12/2019
Trial court did not err in refusing to excuse, for cause, jurors who were aware that another defendant had been convicted the previous day for a malicious wounding of the same victim in the same incident or in denying motion to strike where evidence was sufficient to prove malice; argument regarding denial of motion to change venue barred by Rule 5A:18

0730181Stanlee Sebastian Jones v. Commonwealth of Virginia 11/05/2019
No reversible error in appellant’s convictions of first-degree murder and use of a firearm in commission of a felony where trial court properly found no overt act by victim to justify a claim of self-defense

0858181Antonio Concepcion Garbaldi v. Commonwealth of Virginia 11/05/2019
Trial court did not err in imposing, as a condition of appellant’s suspended sentence, a prohibition on driving for ten years from his release from incarceration where there is no statutory conflict between appellant’s status as a licensed driver and a condition of probation that prohibits him from driving

0967181Shannon Shamar Cousett v. Commonwealth of Virginia 11/05/2019
Trial court’s error in denying appellant’s motion to sever harmless where the evidence would have been admissible other crimes evidence of identity had there been separate trials

0621182Jeffrey Scott Haas v. Commonwealth of Virginia 10/29/2019
Trial court did not err by excluding witness’ proffered testimony through which appellant sought to impeach the credibility of the victim or by admitting evidence of the appellant’s two refusals to cooperate with a search warrant for his DNA

0988181Samuel Rudolph Joshua Raspberry v. Commonwealth of Virginia 10/29/2019
Trial court did not err in admitting the court orders as proof of appellant’s prior felony convictions or in finding evidence was sufficient to find appellant had constructive possession of the firearms

1440183Carlos Artur Alvarez Saucedo v. Commonwealth of Virginia 10/29/2019
Trial court did not err in denying appellant’s motion to suppress his statements to the officer, in admitting the child victim’s videotaped forensic interview, or in denying appellant’s motion to set aside the verdict where the evidence was sufficient to prove forcible sodomy by cunnilingus

0282192Cumberland Hospital and Ace American Insurance Company v. Angela Ross 10/22/2019
Commission erred in finding that application of the test of Warren Trucking Co. v. Chandler, 221 Va. 1108 (1981), was unnecessary when it awarded appellee compensation for home care provided by her spouse

0659193Ronald Thomas Waller v. Commonwealth of Virginia 10/22/2019
Petition for writ of actual innocence summarily dismissed as petition fails to allege the existence of any newly discovered evidence

0773182Kevin Lamont Lambert v. Commonwealth of Virginia 10/15/2019
Trial court did not err in admitting evidence of appellant’s membership in a gang or in limiting cross-examination of the victim; evidence was sufficient for jury to convict appellant

1193182Ryan Oneal Davis v. Commonwealth of Virginia 10/08/2019
Judgment of trial court revoking appellant’s suspended sentences affirmed where appellant waived any claim for prosecutorial vindictiveness by his concession, the trial court reasonably interpreted its own orders, and appellant failed to present authorities in support of two of his assignments of error

0364192Roger G. Wyatt v. Kimberly S. Wyatt 10/01/2019
No error in trial court’s decision to reserve to appellee the right to seek spousal support in the future

1907174Ronnie Leon Bryant v. Commonwealth of Virginia 09/10/2019
Appellant’s convictions of credit card theft affirmed where trial court had subject matter jurisdiction to hear those charges and impose punishment and concluded venue was proper in that court to prosecute appellant for the charge of credit card theft related to the unused credit card

0485182Howard Allen Groffel v. Commonwealth of Virginia 08/20/2019
Trial court did not err in finding appellant’s single act of transporting a firearm resulted in separate and distinct charges based on five protective orders entered to protect five different principals; trial court erred in finding two convictions and sentences for simultaneous possession of a firearm and ammunition

0706184Timothy Ducharme v. Commonwealth of Virginia 08/06/2019
Trial court did not err in refusing appellant’s proferred jury instruction and giving the Commonwealth’s instruction instead; appellant’s argument regarding the motion to suppress is waived under Rule 5A:20(e)

0613183Jesus Davila Bailey, III v. Commonwealth of Virginia 07/30/2019
No error in trial court’s finding that Code § 18.2-472.1 is constitutional where appellant’s First Amendment rights are not violated by the identity reporting requirements imposed by Code § 9.1-903(B) or (G) or by the criminal penalty imposed by Code § 18.2-472.1

0687182Jack Randall Young v. Commonwealth of Virginia 07/30/2019
No error in trial court’s finding that evidence was sufficient to establish that appellant was subject to the registration provisions of the Virginia Sex Offender and Crimes Against Minors Registry Act

1125182MPS Healthcare, Inc., etc. v. Dept. of Medical Assistance Services/Commonwealth of Virginia 07/23/2019
Upon a Rehearing – decision of trial court requiring appellant to reimburse appellee affirmed where appellant failed to comply with policies and procedures concerning criminal background checks on employees

1711184Adel Elias Alwan v. Aylin Tunc Alwan, n/k/a Aylin Tunc 07/23/2019
Trial court did not err in considering appellant’s gross income based on income received from all sources, including veterans’ disability benefits, in calculating his child support obligation; appellant’s argument regarding the trial court’s award of attorney’s fees to appellee waived under Rule 5A:20

1999183City of Charlottesville v. William Sclafani 07/23/2019
Decision of Commission finding that appellee’s injury met the burden of establishing temporal precision reversed and matter remanded to the Commission to make a factual finding as to whether appellee’s injury occurred during his last four hours of training

0088193Marcia Morris v. Federal Express Corporation 07/16/2019
No error in Commission’s finding that appellant’s November 2017 change in condition application for additional wage benefits stemming from a July 2015 accident was barred by the applicable statute of limitations and did not relate back to any of her previous filings

0254181Lamberto Maldonado, a/k/a Lamberto Moldanado v. Commonwealth of Virginia 07/16/2019
Trial court erred in denying appellant’s motion to strike where the evidence was legally insufficient to prove appellant’s conduct constituted misdemeanor obstruction of justice

1602181Dustin Allen Ele, Sr. v. Commonwealth of Virginia 07/16/2019
Trial court did not err in denying appellant’s motions to strike after finding the videos and images constituted child pornography and there was a reasonable probability that the child victim would awaken and see appellant’s genitals

1898184Shaishav Shah v. Manali Shah 07/16/2019
Trial court did not abuse its discretion in denying appellant’s motion for a continuance to allow him additional time to present argument after improperly assuming the trial court would continue the scheduled hearing and failed to appear at that hearing and trial court continued case for several hours to allow counsel to be present and present argument before entry of decree

0769182Kelly Daniel Bass v. Commonwealth of Virginia 07/09/2019
Trial court did not err with regard to its decision concerning the speedy trial issue and its denial of the motion to suppress appellant’s confession

1679172Johnathan Reeves Robinson v. Commonwealth of Virginia 06/18/2019
Upon a Rehearing En Banc – no error in trial court’s finding that appellant accomplished the touching by force and against the will of the victim and that the touching satisfied the statutory requirement of sexual abuse

1635182Ryan Matzuk, s/k/a Walter Ryan Matzuk v. Christina Price and Ryan Bedell 06/11/2019
No error in trial court’s finding that the voluntary acknowledgement of paternity was not binding and conclusive under Code § 20-49.1 because it was the result of a mistake of fact

1687182Ryan Bedell v. Christina Price and Walter Ryan Matzuk 06/11/2019
Trial court erred in determining appellee Matzuk was a parent of the child and, based on that finding, in determining custody and visitation

1824181Steven Allen Starr v. Margaret Anne Starr 06/11/2019
Trial court did not err in determining the marital portion of appellant’s military retirement by using the length of service as of the date of the divorce as the denominator, representing the hypothetical date of retirement

0140174Braulio Marcelo Castillo, s/k/a Braulio Marcello Castillo v. Commonwealth of Virginia 06/04/2019
Appellant’s convictions of first-degree murder, breaking and entering with intent to commit murder, and violation of a protective order affirmed

0256184Christopher Michael Ellis v. Commonwealth of Virginia 05/28/2019
No error in appellant’s conviction of aggravated malicious wounding where evidence and reasonable inferences therefrom established there was a temporal interval between the initial malicious wounding, with victim remaining alive, and the subsequent death of the victim

1582184Alexandria City Public Schools & Alexandria City School Board v. Kerri Handel 05/14/2019
No error in Commission’s finding that appellee suffered a compensable injury to her right shoulder where claimant need only demonstrate a single sudden mechanical or structural change to establish an injury by accident and may thereafter prove an injury is compensable by causally connecting it to the accident even if unable to demonstrate it is connected to the mechanical or structural change

1630182Melinda Newman Mills v. Robert Alexander Mills 05/14/2019
Trial court did not err in finding appellant in civil contempt of two provisions of parties’ PSA; trial court erred in stating that the violation of an additional provision of the PSA was a civil contempt proceeding where it imposed a criminal contempt sanction

1125182MPS Healthcare, Inc., etc. v. Dept. of Medical Assistance Services and Commonwealth of Virginia 05/07/2019
Petition for rehearing granted

1764162Dustin Scott Jones v. Commonwealth of Virginia 05/07/2019
Upon Rehearing En Banc - Trial court erred in finding evidence was sufficient where it did not prove the requisite overt act to prove attempted robbery or that appellant manipulated the sawed off shotgun in any manner prohibited by statute while committing or attempted to commit robbery

1926171John Paris Stevens v. Commonwealth of Virginia 05/07/2019
Trial court did not err in sustaining the Commonwealth’s challenge to one of appellant’s peremptory strikes

0370183Justin Godfrey Fahringer v. Commonwealth of Virginia 04/30/2019
Trial court did not err in refusing appellant’s proffered jury instruction concerning evidence of prior sexual conduct between appellant and the victim where there was no evidence of any actions between appellant and the victim approaching sexual conduct

1204184Sofia Khalid-Schieber, f/k/a Sofia Tanweer Hussain v. Haroon Hussain 04/30/2019
No error in trial court’s custody modification order regarding the parties’ three children

1593183John Taylor v. Virginia Alcoholic Beverage Control Authority 04/30/2019
Trial court did not err in finding that the hearing officer’s decision was not contradictory to law

1650181Rose E. Yahner v. Fire-X Corporation and Commonwealth Contractors Group Self-Insurance Association 04/30/2019
No error in Commission’s decision denying appellant’s request for a change in treating physician and for benefits for unauthorized medical treatment where appellant failed to meet her burden proving circumstances warranted a change in physicians or that she was justified in obtaining alternative medical care

1486184Shannon Conner v. City of Danville 04/23/2019
Commission did not err in denying benefits to appellant where appellant failed to prove that her injuries arose out of her employment

0625181Joshua Saquan Maurice Eley v. Commonwealth of Virginia 04/16/2019
No error in appellant’s conviction pursuant to Code § 18.2-287.4 as he was not entitled to the statutory exemption in Code § 18.2-308(C)(2) where the record established that appellant knew the truck appellant was in was stolen and was therefore not a “personal, private motor vehicle”

0719182Ryan Taylor v. Commonwealth of Virginia 04/16/2019
Trial court did not err in denying appellant’s motion to suppress the blood sample obtained by the trooper where the trooper acted in good faith reliance on established law or in finding evidence sufficient to find him guilty of driving under the influence, third offense

1533184Loudoun County v. Michael Richardson 04/16/2019
Commission did not err in awarding appellee permanent partial disability benefits based on the degree of impairment to his left leg prior to hip replacement

0391194Alice Jin-Yue Guan v. Bing Ran 04/09/2019
Upon a Petition for Review pursuant to Code § 8.01-626 – petition dismissed as this Court does not have jurisdiction to review the merits

1125182MPS Healthcare, Inc., etc. v. Dept. of Medical Assistance Services/Commonwealth of Virginia 04/09/2019
No error in trial court’s decision affirming the final agency decision to retract payments associated with a specific error code

0137182Eric William Wandemberg v. Commonwealth of Virginia 04/02/2019
No error in trial court’s finding that evidence was sufficient to prove two counts of strangulation; trial court erred in convicting appellant of interfering with a 911 phone call after the trial court acquitted appellant of misdemeanor property damage of the same phone

1149184Cary O'Donoghue v. United Continental Holdings, Inc. and United Airlines, Inc. 03/26/2019
No error in Commission’s denial of benefits to appellant where appellant did not prove his injuries arose out of his employment

1676171Jeffrey Dean Bondi v. Commonwealth of Virginia 03/26/2019
No error in trial court’s finding that evidence was sufficient to prove appellant committed object sexual penetration of the victim by force and intimidation; trial court did not err in denying appellant’s motion to set aside the verdict based on after-discovered evidence

1232181City of Virginia Beach v. Virginia Marine Resources Commission 03/19/2019
Judgment of trial court reversed where plain meaning of Code § 28.2-625 when considered in conjunction with Code § 28.2-604 established that municipal corporations, like other corporations authorized to apply for, occupy, and hold oyster planting ground leases are also entitled to receive these leases by transfer

1762173Clinard Gary Lambert v. Commonwealth of Virginia 03/12/2019
Trial court did not abuse its discretion in excluding the proffered impeachment evidence as that evidence was not proper impeachment material; evidence was sufficient to support jury’s conclusion that appellant drove his vehicle under the influence of self-administered drugs

1478172Kathryn Johnson, s/k/a Kathryn Eileen Johnson v. Commonwealth of Virginia 03/05/2019
Trial court did not err in refusing to admit appellant’s proffered expert testimony where Code § 46.2-817 does not make expert testimony concerning a defendant’s mental state at the time of the offense admissible at trial without an insanity defense

1453174Joaquin Shadow Rams, Sr., a/k/a, etc. v. Commonwealth of Virginia 02/26/2019
No error in trial court’s finding that evidence was sufficient to prove victim’s death was a homicide and that appellant was the criminal agent; denial of appellant’s request for a bill of particulars was not reversible error

1613174James Wesley Amonett, Jr. v. Commonwealth of Virginia 02/19/2019
Appellant’s failure to provide a transcript of the suppression hearing precludes the Court from considering his arguments that promises of leniency made by the police constitute a binding immunity agreement; trial court did not err in concluding the existence of such an agreement is not proper question for jury or in admitting testimony of a forensic witness

0685174Thomas Robert Lienau v. Commonwealth of Virginia 02/12/2019
Upon Rehearing En Banc – judgment of trial court reversed and case remanded to trial court for reasons stated in panel majority opinion

1070184Andre Jones v. Crothall Laundry and New Hampshire Insurance Company 02/12/2019
Commission did not err in denying appellant’s claim for benefits where evidence supports the Commission’s findings that appellant’s violation of a known safety rule proximately caused his injury and that employer appellee enforced the safety rule at issue

1091184Raymond J. Hamilton v. Pro-Football, Inc., t/a The Washington Redskins & Great Divide Insurance Co. 02/12/2019
No error in Commission’s denial of temporary total disability benefits to appellant where evidence supports Commission’s finding that appellant failed to market his residual work capacity and evidence does not establish that Commission unfairly punished appellant for attempting to return to professional football instead of looking for employment

1219184Tony Jones v. Pro-Football, Inc., t/a The Washington Redskins & Great Divide Insurance Co. 02/12/2019
Commission did not err in calculating appellant’s average weekly wage or in finding appellant remains partially disabled

2058171Ian Christian Carlson v. Commonwealth of Virginia 02/12/2019
Trial court erred in denying appellant’s motion to suppress evidence obtained as a result of an unlawful search of his residence

1150184George King v. DTH Contract Services Inc. & American Select Insurance Company 02/05/2019
Commission erred in treating motive as the only relevant issue and declining to consider appellant’s evidence that his job increased his risk of assault and appellant has the option to prove the assault resulted from an increased risk associated with his employment, notwithstanding the fact that appellant and his assailant were acquainted

1366173Robert McKinley Blankenship v. Commonwealth of Virginia 02/05/2019
Trial court did not abuse its discretion in admitting appellant’s prior conviction where the court found that the prior conviction was highly probative of appellant’s propensity to commit the crime charged in this case and that this probative value outweighed any risk of unfair prejudice

0220183Brenda Marie Fleisher v. Commonwealth of Virginia 01/29/2019
Trial court did not abuse its discretion in ordering appellant to pay restitution for losses directly caused by appellant’s criminal offense and did not go beyond making the victim whole

1055182Roanoke Ambulatory Surgery Center v. Bimbo Bakeries USA, Inc., et al. 01/29/2019
Commission erred in interpreting Code § 65.2-605.1(F) and finding the appellant’s claim contesting the sufficiency of payment for health care services provided to a claimant time barred

0270183Quintus Delano Marshall v. Commonwealth of Virginia 01/15/2019
Trial court did not err in finding evidence was sufficient to establish that appellant made a materially false statement on ATF Form 4473 where appellant’s conviction under Code § 18.2 57.2 constitutes a crime of domestic violence as that term is defined under the relevant federal statute

2086173Arthur Anderson Warren v. Commonwealth of Virginia 01/15/2019
No error in appellant’s conviction of soliciting another person to carnally know a brute animal or to submit to carnal knowledge with a brute animal where Code § 18.2-361(A) is not unconstitutional on its face or as applied to appellant

2089172Donald Jamar Johnson v. Commonwealth of Virginia 01/15/2019
No error in trial court’s finding that evidence was sufficient to support appellant’s convictions of pandering and sex trafficking to receive money; appellant’s argument regarding his sentences barred by Rule 5A:18

1063174Donald Matthew Kelley v. Commonwealth of Virginia 01/08/2019
Trial court did not err in finding that appellant touched the victim with the requisite intent and that he acted without legal justification or excuse

1572172Shanessa V. Pittman v. Commonwealth of Virginia 01/08/2019
Trial court did not err in denying appellant’s motion to strike where the evidence was sufficient to demonstrate both a delivery of personal property and that appellant had the requisite fraudulent intent

1694171Kimberly Paul Barney v. Commonwealth of Virginia 01/08/2019
Trial court erred in instructing jury that it was not necessary that the object the appellant possessed was in fact an actual or replica firearm so long as the victim perceived a threat or intimidation by a firearm

1054182George Norris, Jr. v. ETEC Mechanical Corporation & Commonwealth Contractors Group Self-Insurance 12/26/2018
Commission did not err in denying appellant’s claim for benefits where appellant failed to establish the requisite causal connection between his employment and the resulting injury

1504172Dominque Jamar Jones, s/k/a Dominique Jamar Jones v. Commonwealth of Virginia 12/26/2018
Trial court did not err in considering a prior conviction under Code § 18.2-248(D) as a prior conviction for the enhanced punishment provisions of Code § 18.2-248(C)

0678182Christopher David McGinnis v. Nadine Anne McGinnis 12/11/2018
Trial court lacked statutory authority in the context of a divorce proceeding to make an “equitable restitution” award to appellee

0788181Darnell Phillips v. Commonwealth of Virginia 12/04/2018
Actual innocence petition is dismissed because Court cannot find that no rational factfinder would have found petitioner guilty beyond a reasonable doubt

0529184Adam Yafi v. Stafford Department of Social Services 11/27/2018
Trial court did not err in terminating appellant’s parental rights to his child based upon appellant’s conviction for felony assault on the child’s half-brother and trial court had sufficient evidence to find termination was in this child’s best interest

1631174Patrick Joseph Wakeman v. Commonwealth of Virginia 11/27/2018
Trial court did not err in determining that the nurse who performed the sexual assault examination was qualified to give expert testimony regarding forensic examinations in sexual assault cases

1200173Mitchell Larnell Bennett v. Commonwealth of Virginia 11/20/2018
Trial court did not err in admitting the silent video recording and photographs reflecting the drug sale as they did not violate the Confrontation Clause, in admitting the audio recording where the informant’s statements were not hearsay, or in finding the evidence sufficient to prove appellant distributed drugs

2041172Cathleen Nelson & William Nelson v. Middlesex Dept. of Social Services & John & Jane Doe 11/20/2018
Trial court did not err in vacating a prior order granting appellants’ counsel permission to view certain filed and records and dismissing appellants’ request to reopen and rehear prior proceedings

0420181Gary D. Knight, Jr. v. Howard Ottrix and Kahlilah Ottrix 11/13/2018
Order of trial court vacated where trial court had no jurisdiction to enter the order appealed from

0553181Diana K. Brown v. Megan S. Brown, Individually & as Co-Administrator, etc., et al. 11/13/2018
Trial court erred in finding it did not have jurisdiction over the equitable distribution of marital property after the death of the former spouse where a final decree of divorce had been entered in a bifurcated proceeding pursuant to Code § 20-107.3(A)

1804174Alisha Renee Merritt v. Commonwealth of Virginia 11/13/2018
Trial court erred in convicting appellant of failure to appear where Code § 19.2-128 does not apply to revocation proceedings; Court applied the ends of justice exception to Rule 5A:18 where the Commonwealth raised the exception in its brief and at oral argument

0974162Calvin Darnell Butcher v. Commonwealth of Virginia 11/06/2018
No error in trial court’s finding that evidence was sufficient to prove appellant did not comply with Code § 46.2-894

1228171Daniel Gordon Anderson v. Commonwealth of Virginia 11/06/2018
Trial court did not abuse its discretion in refusing to admit victim’s charges and convictions at issue into evidence where they failed to demonstrate the victim’s propensity to engage in violent or turbulent conduct and were not relevant to appellant’s self-defense claim

1351171Anthony Marquis Daniels v. Commonwealth of Virginia 11/06/2018
Trial court did not err in denying appellant’s motions to suppress the evidence obtained from the apartment, seized from the vehicle, or appellant’s statements

1751173Tina Lasha Hall, a/k/a Tina Lasha Waller v. Commonwealth of Virginia 11/06/2018
Trial court did not err in denying appellant’s motion to dismiss on collateral estoppel and double jeopardy grounds where appellant requested to have the charges against her severed; evidence was sufficient to find appellant guilty of possession of a firearm by a convicted felon

1826171Santraun Deshaud Speller v. Commonwealth of Virginia 11/06/2018
No error in trial court’s finding that evidence was sufficient to prove an agreement to commit burglary, to prove appellant broke into or entered a home, and to prove the items stolen were firearms

0710183Paramont Coal Company Virginia, LLC & Brickstreet Mutual Insurance Company v. Dewey J. McCoy 10/30/2018
No error in Commission’s award of disability benefits to appellee where appellee met his burden of proving sufficient pulmonary function loss “as shown by approved medical tests and standards”; finding that appellee’s pneumoconiosis renders him unable to perform manual labor in a dusty environment supported by evidence in the record

1692171Marvin Kendell Midgette v. Commonwealth of Virginia 10/30/2018
No error in trial court’s finding that collateral estoppel did not bar appellant’s prosecution for perjury; trial court did not err in admitting expert witness’ testimony as his testimony was no testimony as to the ultimate issue in the case

0633172Harry Lee Davison, III v. Commonwealth of Virginia 10/23/2018
Trial court did not err in giving jury instructions for forcible sodomy and aggravated sexual battery that combined the alternative theories of force, mental incapacity or physical helplessness as the means by which the sexual acts were committed against the victim’s will

0685174Thomas Robert Lienau v. Commonwealth of Virginia 10/16/2018
Petition for rehearing en banc granted

1305154Tobias Ogbanna Reed v. Commonwealth of Virginia 10/16/2018
Upon Remand from the Supreme Court of Virginia – judgment of trial court affirmed where, based upon the good faith exception to the exclusionary rule, Carpenter v. United States, 138 S. Ct. 2206 (2018), does not mandate that we reverse appellant’s conviction

1715174Andrew Lamont Spratley v. Commonwealth of Virginia 10/09/2018
No error in trial court’s finding that evidence was sufficient to prove felony destruction of personal property where the Commonwealth proved the fair market replacement value of the destroyed scale was the cost of replacing the original scale with an equivalent substitute and was at least $1,000

0685174Thomas Robert Lienau v. Commonwealth of Virginia 09/11/2018
Trial court erred in refusing to give the jury an instruction on self-defense where there was credible evidence to support appellant’s theory of self-defense

1572164Andrew Gilbert Schmuhl v. Commonwealth of Virginia 09/11/2018
Trial court did not err in excluding evidence of appellant’s mental state pursuant to his involuntary intoxication defense and in finding appellant was actually offering an insanity defense; trial court did not abuse its discretion in refusing appellant’s proposed instructions on “unconsciousness” or “intoxication”

0164182Jason William King, Sr. v. King George Department of Social Services 08/21/2018
Trial court did not err in terminating appellant’s parental rights to his children pursuant to Code § 16.1-283(E)(iii) based upon his prior conviction for involuntary manslaughter

1776174Marie Dolores Jackson v. Dennis Michael Jackson 08/21/2018
Trial court did not abuse its discretion in refusing admission of the evidence appellant offered and did not err in denying appellant’s motion for an amended order where the trial court did not have jurisdiction to issue an amended order

1923153James Willis Campbell, Sr. v. Commonwealth of Virginia 08/21/2018
Trial court’s finding that the search warrant was invalid but that the warrantless search was justified based on exigent circumstances is the law of the case; trial court did not err in finding constitutional and statutory double jeopardy principles were not violated in the prosecution of appellant’s charge of possession with intent to distribute methamphetamine

1189174Andy Chavez v. Commonwealth of Virginia 08/14/2018
Trial court did not err in refusing to give jury appellant’s proposed jury instruction which included timely notice as an element of appellant’s charge of felony failure to appear and in denying appellant’s motions to strike and set aside the verdict where the evidence was sufficient to prove appellant’s failure to appeal was willful

1872174Bartholomew D.S. Porter v. Eileen Porter 08/14/2018
Trial court did not err in finding that appellant failed to prove the existence of a common law marriage in Washington, D.C. and dismissing appellant’s complaint for divorce

0814172Eric Hamilton v. Commonwealth of Virginia 08/07/2018
Trial court did not err in denying appellant’s Baston challenge to peremptory strike of two jurors and evidence was sufficient to convict appellant of obstruction of justice

1055172Lee Alden Mooney v. Commonwealth of Virginia 08/07/2018
Trial court’s judgment affirmed as the admittance of challenged evidence at revocation hearing did not violate appellant’s due process right of confrontation

1564171Joseph John Melick v. Commonwealth of Virginia 07/31/2018
Trial court did not abuse its discretion in admitting the printouts under the business records exception to the hearsay rule and in finding the evidence was sufficient to conclude appellant was guilty of grand larceny

1054171Jeffrey Nigel Carr v. Commonwealth of Virginia 07/24/2018
No error in trial court’s finding that evidence was sufficient to support appellant’s convictions of sex trafficking, conspiracy to commit sex trafficking, abduction, use of a firearm in commission of abduction, and conspiracy to commit abduction

0740174Roland Baldwin v. Commonwealth of Virginia 07/17/2018
Trial court did not err in considering victim’s testimony and victim impact statement at sentencing

1186171Christopher Parris Cabral v. Commonwealth of Virginia 07/17/2018
No error in trial court’s finding that the evidence was sufficient to support the charge of aggravated sexual battery where the instrument used by appellant was a stun weapon and able to inflict injury and qualified as a dangerous weapon pursuant to Code § 18.2-67.3

1290173Franklin Lee Thomason, Jr. v. Commonwealth of Virginia 07/17/2018
Trial court did not abuse its discretion in refusing to allow appellant to withdraw his guilty pleas or in sentencing appellant within the statutory range

1338174Michael Sean Green v. Commonwealth of Virginia 07/17/2018
Trial court erred in revoking appellant’s suspended sentence for events that occurred in 2015 where the trial court no longer had the authority to revoke the suspended sentence after December 14, 2003

1460153Raymond Louis Harvey, Jr. v. Commonwealth of Virginia 06/19/2018
In accord with the unpublished order entered by the Court, this Court’s February 21, 2017 opinion is withdrawn, the mandate entered that date is vacated, and the judgment of the trial court is affirmed

1975172Vital Link, Inc. and Argonaut Insurance Company v. Denzil B. Hope 06/19/2018
Commission did not err in awarding benefits to appellee based upon appellee’s evidence of continuing disability

0224171Dwight Delano Moore v. Commonwealth of Virginia 06/05/2018
Trial court did not err in denying appellant’s motion to suppress where exigent circumstances necessitated the officer’s reasonable and prompt seizure of the loaded firearm

1943171Dollar Tree Stores, Inc. and Arch Insurance Company v. Kathleen Tefft 06/05/2018
Commission did not err in finding that the composition of the review panel did not contravene statutory requirements and that the appellee reasonably marketed her residual work capacity

1770174Martha Anne Collins, f/k/a Martha Collins Leeds v. Robert George Leeds 05/29/2018
Trial court did not err in declining to impute income to appellee or in refusing to include appellant’s unrelated legal expenses in determining appellant’s total monthly expenses

0395174Grace Nadine McGuire v. Commonwealth of Virginia 05/22/2018
Trial court did not err in denying appellant’s motions to strike where it correctly concluded Loudoun County was an appropriate venue

0434172Russell Ervin Brown, III v. Commonwealth of Virginia 05/22/2018
No error in appellant’s convictions of capital murder, attempted capital murder, attempted murder, and three counts of use of a firearm in the commission of a felony

2056172Gary Linwood Bush v. Commonwealth of Virginia 05/22/2018
Court issues writ of actual innocence and vacates petitioner's robbery conviction

2057172Gary Linwood Bush v. Commonwealth of Virginia 05/22/2018
Court issues writ of actual innocence and vacates petitioner's robbery conviction

0825174Nicholas Gabriel Parker Davis v. Commonwealth of Virginia 05/15/2018
Trial court erred concluding that the juvenile court judge was not a government official for purposes of the reasonable reliance defense

0483172Leslie Itutu Camp v. Commonwealth of Virginia 05/08/2018
No error in trial court’s finding that evidence was sufficient to support appellant’s convictions of felony child neglect in violation of Code § 18.2-371.1(B) where appellant drove her children on the highways of the Commonwealth with a blood alcohol content more than three times the legal limit

1111173Leroy Ellis v. Commonwealth of Virginia 05/08/2018
Trial court abused its discretion by ordering restitution for damage or loss caused by offenses for which appellant was not convicted

1458171Kevin Glen Monds v. Laura Marie Monds 05/08/2018
Trial court erred in finding the payment at issue was a gift to the parties’ son and in ordering appellant to pay appellee $10,000 within 60 days

1730173J. Foster Murphy v. Virginia Department of State Police 05/08/2018
Circuit court did not err in finding that Director of the DHRM was permitted to assign tasks to agency personnel as necessary or convenient to carry out Director’s duties

0281152Victoria Elizabeth Dufresne v. Commonwealth of Virginia 04/24/2018
Published order in accord with directives of the Supreme Court of Virginia

0482171Patrick Darnell Hill v. Commonwealth of Virginia 04/24/2018
Trial court did not err in denying appellant’s motion to suppress

0599174Kevin Cody v. Commonwealth of Virginia 04/17/2018
Trial court did not err in admitting various out-of-court statements by the victim and properly applied the doctrine of forfeiture by wrongdoing where appellant violated a protective order numerous times to unlawfully contact the victim and repeatedly urged her to drop the charges and refuse to testify and victim refused to testify and invoked her rights under the Fifth Amendment

0287173Major Lance Hillman v. Commonwealth of Virginia 04/03/2018
Evidence was sufficient to prove appellant exposed himself under Code § 18.2-370 and that appellant knew or should have known the victim was less than fifteen years old under Code § 18.2-374.3(C); any error by trial court in admitting photographs harmless

1499174Braulio M. Castillo v. Loudoun County Department of Family Services 04/03/2018
No error in trial court’s rulings finding appellant abused and neglected his children and terminating appellant’s parental rights to those children

1634174Debra Levy v. Wegmans Food Markets, Inc. 04/03/2018
No error in Commission’s finding that appellant’s claims were barred by res judicata

1923164Donald Dravell Robinson v. Commonwealth of Virginia 04/03/2018
Trial court did not abuse its discretion in admitting the unredacted final order where Code § 19.2-295.1 provides for the admission of the appellant’s prior criminal history

0184172Lamar Shelton Brown v. Commonwealth of Virginia 03/20/2018
Trial court did not err in denying appellant’s motion to suppress; there was a substantial basis for the magistrate to conclude that probable cause existed that criminal activity was occurring so as to justify the search warrant for appellant’s home

1225171Nancy Marcellette Friedman v. Mona Smith & Laura Goldstein, etc. 03/20/2018
Trial court did not abuse its discretion in granting the motion to bifurcate the divorce matter from the remaining issues or in granting the divorce on the grounds of a one-year separation

1180172Tesla, Inc. v. Virginia Automobile Dealers Association 02/20/2018
Published order - Appeal dismissed where order appealed from is neither a final order nor an appealable interlocutory order

1181172Richard D. Holcomb, Commissioner, etc. v. Virginia Automobile Dealers Association 02/20/2018
Published order - Appeal dismissed where order appealed from is neither a final order nor an appealable interlocutory order

2014164James Bethea, s/k/a James Willie Bethea v. Commonwealth of Virginia 02/20/2018
Trial court did not err in determining prosecutor was credible in giving race-neutral reasons for the challenged peremptory strike, in denying appellant’s request to question a juror about jury deliberations, and in denying appellant’s motion for a mistrial based on alleged juror misconduct

0841171Denise Hawkins v. Darla Grese 02/13/2018
Trial court did not err in finding appellant was not a parent to the child and that the evidence presented by appellant was insufficient to rebut the parental presumption in favor of appellee

0152172John Allen Baugh, Jr. v. Commonwealth of Virginia 01/30/2018
Trial court did not err in denying appellant’s motion to dismiss his indictment where the 2007 amendment to the Virginia Sex Offender and Crimes Against Minor Registry Act did not transform the civil statute into a criminal penalty

1900161Daquan Lamar Scott v. Commonwealth of Virginia 01/30/2018
Trial court did not err in denying appellant’s motion to suppress his identification by the victims where the show-up identifications were not unduly suggestive

1058162Laurence Maria Smith, s/k/a Laurence Marie Smith v. Commonwealth of Virginia 01/16/2018
Appellant’s conviction of voluntary manslaughter affirmed where appellant was not prejudiced by jury’s decision to find her guilty of that offense; trial court did not err in denying appellant’s motion for mistrial and to set aside the verdict or in denying motion to continue trial to another day

0481173Terrance Kevin Hall v. Commonwealth of Virginia 01/09/2018
Trial court did not abuse its discretion in imposing mandatory minimum sentences where appellant’s attempt to comply with the provisions of Code § 18.2-248(C) came too late

2108164Miguel Antonio Reyes v. Commonwealth of Virginia 01/09/2018
Judgment of trial court denying appellant’s request for a continuance under Code § 19.2-159.1 affirmed where request was made the day before the sentencing hearing, failed to demonstrate exceptional circumstances, appellant had previously been granted a continuance, the victim was present, and the Commonwealth and the appointed attorney were prepared to proceed

0559172Jocelyn Lee Geouge v. Jason Barry Traylor, Dustin Griffith and Tiffany Vadella-Griffith 12/27/2017
No error in trial court’s findings that the Indian Child Welfare Act did not apply in this case, that appellant withheld her consent to adoption of child contrary to child’s best interests, and that legal and physical custody of child would be granted to appellees

0660161Matthew John Stickle v. Commonwealth of Virginia 12/27/2017
Trial court did not err in admitting evidence where no general search in violation of the Fourth Amendment occurred and did not err in finding justice did not require severance of the charges involving the videos from the remaining charges; evidence was sufficient for jury to convict on all charges

0737172Jocelyn Lee Geouge v. Jason Barry Traylor, Dustin Griffith and Tiffany Vadella-Griffith 12/27/2017
Final adoption order of appellant’s child affirmed where failure to provide additional notice to appellant would not have changed the circuit court’s decision

0574162Robert Lee Jones v. Commonwealth of Virginia 12/19/2017
No error in appellant’s conviction of shooting at an occupied vehicle where Code § 18.2-154 encompasses a person’s act of shooting at an occupied vehicle without regard for the shooter’s location and the evidence proved appellant shot at the vehicle while he was inside the vehicle

0902162Michael Anthony Edwards v. Commonwealth of Virginia 12/19/2017
Trial court did not err in denying appellant’s motion to dismiss where Commonwealth met its burden of proof regarding venue; evidence was sufficient to prove appellant murdered the victim and the Commonwealth eliminated all reasonable hypotheses of innocence

1897164Choon Poong Lee v. Commonwealth of Virginia 12/19/2017
No error in appellant’s conviction of breaking and entering while armed with a deadly weapon where the evidence proved appellant used the screwdriver for the dual purpose of a burglarious tool and a deadly weapon

0022172Andrew Vojuan Burrous v. Commonwealth of Virginia 12/12/2017
No error in trial court’s finding that evidence was sufficient to prove appellant was one of the robbers

0117173Daniel Ernest McGinnis v. Commonwealth of Virginia 12/12/2017
Appellant’s assignment of error barred under Rule 5A:18 where argument that preserved it was in a motion to set aside the verdict signed by the appellant but not signed by appellant’s attorney of record

1884164Barry Justin Levenson v. Commonwealth of Virginia 12/12/2017
Trial court did not err in denying appellant’s motion to strike where evidence was sufficient for jury to conclude victim’s death was proximately caused by appellant’s intoxicated driving

0281171Robert Ryan Grasty v. Commonwealth of Virginia 12/05/2017
No error in trial court’s finding that, notwithstanding appellant’s status as a commercial fisherman, his suspended license operated as a complete bar to his privilege to drive

1991162Raymeka Monique White v. Commonwealth of Virginia 12/05/2017
Trial court did not err in findings that evidence supported a finding of victim’s mental incapacitation within the meaning of Code § 18.2-178.1 and that appellant did not rightfully possess the victim’s debit card when she took it to the ATMs and withdrew cash

0100172Thormac, LLC, d/b/a, etc. v. Department of Alcoholic Beverage Control, et al. 11/28/2017
Trial court did not err in upholding decision of ABC Board suspending appellant’s alcoholic beverage license for seven days and imposing a fine for failure to comply with Code § 4.1-210

2002161Angel Alexis Cartagena, a/k/a Veguilla Angel Alexis Cartegena v. Commonwealth of Virginia 11/28/2017
No error in trial court’s finding that evidence was sufficient to prove appellant had a prior felony conviction under laws of New York state and supported prior felony conviction element of his convictions of possession of firearm by felon, attempted possession of firearm by felon, and falsifying a firearm consent form

0525173Damien Cameron Spencer v. Commonwealth of Virginia 11/14/2017
Trial court did not err in denying appellant’s motion to withdraw his nolo contendere pleas where appellant failed to offer any affirmative evidence of a reasonable defense to his charges

0603172Dustin Hess v. Virginia State Police 11/14/2017
Commission did not err in denying benefits for appellant’s PTSD where appellant’s traumatic experience was not such a sudden or unexpected shock or fright for a state trooper who received fatal accident and crash scene reconstruction training and had a decade of professional experience in doing so

0458173Commonwealth of Virginia v. Shawn Lynn Botkin 10/24/2017
Trial court erred in imposing concurrent sentences for appellee’s two convictions under Code § 18.2-308.2 where statute directs the sentences to run consecutively

0731161Aaron Markeith Gerald v. Commonwealth of Virginia 10/17/2017
No error in finding that object in question was a firearm as defined by law

0052173Emily Lynn Aponte v. Commonwealth of Virginia 10/10/2017
Trial court did not err in denying appellant’s motion to suppress the certificate of analysis containing her blood test results or in refusing to allow appellant to introduce data evidence at trial; argument that trial court erred in refusing to strike the evidence waived

1948164John Beverly Chapman, Jr. v. Commonwealth of Virginia 09/26/2017
No error in trial court’s interpretation of Code § 46.2-868(B) to find that the failure of the victim in this case to wear a seat belt was not the proximate cause of his death, leaving appellant’s reckless driving as the sole and proximate cause of the accident and resulting death

1322163Ashley Jennifer White v. Commonwealth of Virginia 09/19/2017
Judgment of trial court reversed where evidence was insufficient to prove appellant acted with a reckless disregard for her son’s safety and with the knowledge and consciousness that her lack of supervision would likely result in injury to the child *Opinion revised 09/19/2017

1576161Jahsen Heard v. Commonwealth of Virginia 09/12/2017
Petition for rehearing granted in part and denied in part

1374163Kaniesha Shatae Hannon v. Commonwealth of Virginia 08/22/2017
Trial court erred in finding evidence was sufficient to convict under Code § 18.2-371.1(B)(1) where evidence did not prove that the children were likely to suffer injury as a result of appellant’s conduct

2069162Perry Edward Jones v. Lori Michelle Gates 08/22/2017
Because appellee complied with the parties’ property settlement agreement, trial court did not abuse its discretion in denying appellant’s request for attorney’s fees

1284163Lee Antonio Turner v. Commonwealth of Virginia 08/08/2017
Trial court erred in denying appellant’s motion to dismiss on speedy trial grounds on felony charge where nothing in record shows appellant agreed or concurred in delay of trial or instigated a proceeding which of necessity brought about delay of trial; misdemeanor conviction affirmed where failure to comply with Rule 5A:20(e) is significant

0507162George Ellis Brown, Jr. v. Commonwealth of Virginia 08/01/2017
Appellant’s conviction of involuntary manslaughter affirmed where trial court applied a proper standard for criminal negligence to the facts of this case and the evidence was sufficient to prove appellant’s actions were criminally negligent

1998152Latron Dupree Brown v. Commonwealth of Virginia 08/01/2017
Trial court did not err in denying appellant’s motion to suppress where the protective sweep of appellant’s apartment did not taint issuance of search warrant; issue regarding appointment of fifth attorney not addressed where appellant’s conditional guilty plea did not reserve right to challenge that ruling on appeal

0153172Riverside Regional Jail Authority & VML Insurance Programs v. Morrissa Dugger 07/25/2017
No error in Commission’s award of medical benefits where appellee suffered a compensable injury by accident arising out of and in the course of her employment

2012163Janine Helen Adelman Browning v. Larry Grant Browning 07/25/2017
Judgment of trial court affirmed where a trial transcript that was not timely filed is indispensable to resolution of the assignments of error raised on appeal

1553163Bryan Dunnington Cocke v. Commonwealth of Virginia 07/11/2017
Trial court did not err in finding that the accident at issue resulted in more than $1,000 of damage to property, as required by the statute for a felony conviction

1542162Hassan Christopher Atkins v. Commonwealth of Virginia 07/05/2017
Trial court did not abuse its discretion in admitting text messages and a tweet as the Commonwealth adequately authenticated the evidence

0867162Tyrone Logan, s/k/a Tyrone Lamont Logan v. Commonwealth of Virginia 06/20/2017
Trial court did not err in finding evidence was sufficient to prove appellant was the shooter and that he shot at the victim with malice; trial court erred in preventing appellant from proffering the testimony of additional sentencing witnesses

1073164Edy Canales v. Marvin Alejandro Torres Orellana 06/20/2017
Trial court did not err in finding it lacked jurisdiction to make separate Special Immigrant Juvenile findings of fact or in crossing out the specific Special Immigrant Juvenile findings in the custody order

1336163Timothy Kenneth Bartley v. Commonwealth of Virginia 06/20/2017
Court finds appellant’s sole assignment of error waived under Rule 5A:20(e)

0617162Justo Mazariegos Campos v. Commonwealth of Virginia 06/13/2017
Trial court did not abuse its discretion in admitting testimonial statements made by victim to medical provider, except the statement regarding threat to the victim, where the statements were admissible under the medical treatment exception to Rule of Evidence 2:803(4); appellant had opportunity to cross-examine victim satisfying his Sixth Amendment challenge

1546162Judy Kay Reaves v. James Kelly Tucker 06/13/2017
Trial court did not err in refusing to stay the scheduled trial after appellant filed a notice of appeal of a nonappealable interlocutory order; trial court did not abuse its discretion in enforcing the pretrial scheduling order and the pretrial conference order

1146162Freddie Beckham, III v. Commonwealth of Virginia 05/30/2017
Trial court did not err in admitting two prior driving under the influence convictions from Florida to enhance appellant’s driving under the influence and refusal to submit to a breathalyzer charges where the Florida statutes are substantially similar to the Virginia statutes

1388164Drew Tidwell v. Jennifer Late 05/30/2017
Trial court’s order regarding amount of child support reversed and remanded to trial court to calculate presumptive amount of child support and then determine whether application of the guidelines would be unjust or inappropriate; remainder of judgment affirmed

0308164Charles Stanard Severance v. Commonwealth of Virginia 05/23/2017
Trial court did not err in joining the charges in the three murder cases or in sentencing appellant for two capital murders; evidence was sufficient to support convictions

1088161Calvin Donnell Jennings v. Commonwealth of Virginia 05/02/2017
Trial court erred in failing to strike the Commonwealth’s evidence where the DNA evidence was insufficient to prove appellant was the person who perpetrated the robbery

1150161Stephen Keith White v. Commonwealth of Virginia 05/02/2017
Appellant’s conviction of making a false statement in connection with a firearm purchase affirmed where the evidence proved appellant’s guilt beyond a reasonable doubt and the trial court did not have inherent authority to acquit or to convict appellant of a lesser offense

0922163Tina Marie Bryant v. Commonwealth of Virginia 04/25/2017
Evidence was sufficient for jury to find appellant acted with criminal negligence when she fired a gun in reckless disregard of the safety of others in the occupied hotel; trial court did not err in refusing appellant’s proffered jury instruction where it was not an accurate statement of the law

1620164Paula Smith-Adams v. Fairfax County School Board 04/25/2017
Commission did not err in enforcing a termination agreement and denying appellant’s request for benefits and penalties pursuant to a June 2005 award

0714163Najee Finique Hairston v. Commonwealth of Virginia 04/11/2017
Trial court did not err in denying appellant’s motion to suppress where probable cause to arrest appellant did not grow stale and his seizure did not violate the Fourth Amendment

1460153Raymond Louis Harvey, Jr. v. Commonwealth of Virginia 04/11/2017
Petition for rehearing en banc granted

1017163Crystal Ann Coomer v. Commonwealth of Virginia 04/04/2017
Trial court erred in finding evidence sufficient to convict appellant of felony child endangerment where there was no evidence of a substantial risk or probability of serious injury or death to the child arising from the accident and appellant’s actions do not rise to the level required for a felony conviction

0294163Anthony Wade Ragland v. Commonwealth of Virginia 03/28/2017
No error in trial court’s finding that appellant possessed a cellular telephone in a jail facility without permission

1281162Virginia Board of Medicine v. John Henry Hagmann, M.D. 03/21/2017
Trial court erred in ruling that appellant should have granted the appellee’s motion for a continuance; matter remanded to trial court to reinstate judgment revoking appellee’s license to practice medicine

0543163Amanda Barbara Nichole Taylor v. Commonwealth of Virginia 03/14/2017
Trial court did not err in refusing to strike a potential juror for cause where’s juror’s unequivocal statements indicated he could set aside his preconceived opinion and decide the case solely on the evidence produced at trial

1291162VA Board of Medicine & VA Department of Health Professions v. Leila Hadad Zackrison, M.D. 03/14/2017
Trial court erred in concluding decision of appellant prohibiting appellee from testifying as an expert witness at her hearing was a due process violation; lack of specific proffer as to what her expected testimony would have been does not allow Court to say that appellee suffered prejudice from the erroneous ruling

0051162Gregory A. Richardson v. Commonwealth of Virginia 03/07/2017
Appellant’s conviction of indecent exposure third offense in ten years reversed and remanded to trial court where trial court’s conviction orders do not reflect that appellant consented to a waiver of his right to trial by jury or to a bench trial as required by the Constitution

0047164Carroll Edward Gregg, Jr. v. Commonwealth of Virginia 02/28/2017
Trial court erred in imposing consecutive sentences for convictions of common law involuntary manslaughter and involuntary manslaughter in violation of Code § 18.2-154 as it violated the double jeopardy violation against multiple punishments for the same offense

0877161Jeff Charles Hammer, M.D., et al. v. D.S., Crystal Senecal, et al. 02/28/2017
No error in Commission’s finding that while the statutory presumption applied, appellees’ evidence was sufficient to rebut the presumption and found that child’s brain injury occurred because of his extreme prematurity and immature lungs, not because of oxygen deprivation suffered during labor and delivery

1182161Northrop Grumman Shipbuilding, Inc., n/k/a, etc. v. Wardell Orthopaedics, P.C. 02/28/2017
Commission did not err in exercising jurisdiction over appellee’s application or its award of medical services to appellee where settlement order entered by parties provided that appellant would be responsible for payment of costs associated with claimant’s accident through date of entry of settlement order

1183161Newport News Shipbuilding & Dry Dock Co., n/k/a, etc. v. Wardell Orthopaedics, P.C. 02/28/2017
Commission did not err in awarding appellee an additional fee for services associated with a claimant’s industrial accident

0175161Rayshawn Torrell Greer v. Commonwealth of Virginia 02/21/2017
Appeal dismissed insofar as it pertains to merits of appellant’s conviction where notice of appeal was not timely filed regarding conviction; law of case doctrine prevents reconsideration of prior decision of this Court in this case regarding appellant’s sentence

0328161Antonio Passaro, Jr. v. Virginia Department of State Police 02/21/2017
Trial court did not err in affirming decision of hearing officer declining to reinstate appellant to employment where hearing officer did not act “contradictory to law”

1460153Raymond Louis Harvey, Jr. v. Commonwealth of Virginia 02/21/2017
Trial court erred in denying appellant’s motion to dismiss the indictments where appellant’s right to a speedy trial was violated and he did not waive his right to a speedy trial

1937151Chezmin Brittany Suter v. Commonwealth of Virginia 02/21/2017
Appellant’s conviction of accessory after the fact to murder reversed where the completed felony of murder had not occurred when appellant offered aid to the principal as victim’s death was two days after appellant drove the getaway car from the scene of the shooting

0457162Sheng Jie Jin v. Commonwealth of Virginia