>>>Court of Appeals of Virginia Unpublished Opinions Court of Appeals of Virginia Unpublished Opinions These opinions are available as Adobe Acrobat PDF documents. The Adobe Acrobat Viewer (free from ) allows you to view and print PDF documents. John Wilkes Trent, Sr. Commonwealth of Virginia No error in trial court’s finding that Commonwealth presented the necessary “slight corroboration” of appellant’s confession to support a conviction of carnal knowledge of a minor; trial court erred in entering a conviction on and sentencing appellant for a conviction of possession of a Schedule I/II drug where a motion to strike that charge was granted Marianne Francone v. Fairfax County Public Schools No error in Commission’s decision denying appellant’s claim for coverage for a total left knee replacement Yeily Sandoval Rios v. Fairfax County Department of Family Services Trial court did not err in terminating appellant’s parental rights to her child under Code § 16.1 283(C)(2) as appellant did not substantially remedy the conditions leading to the child’s placement in foster care John Michael Boone v.

Rebecca Ann Boone Trial court did not err by refusing to order a modification of spousal support retroactive to the date of appellant’s involuntary retirement Barbara Anne Keen v. Gary Ricky Barnett and Annette Barnett Trial court did not err in permitting a close relative adoption of minor child after finding adoption was in best interests of child and all applicable statutes had been complied with Thomas Richard Ward v. Kimberlyn Maravet Baig-Ward Summary affirmance – trial court did not abuse its discretion in entering the protective order in favor of appellee and the parties’ children Sylvia D. Ross Error in part in trial court’s decisions regarding spousal support and equitable distribution Songthara Omkar, Jr. Omkar Appeal dismissed for appellant’s failure to comply with Rule 5A:20(c) Harold Benjamin, a/k/a Darrell Bernard Stewart, a/k/a Benjamin Harold v.

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Commonwealth of Virginia Rulings of the trial court regarding testimony relating to contents of telephone records and statements made by appellant’s brother did not constitute reversible error Wesley Carlton Smith v. Commonwealth of Virginia Trial court did not err in denying appellant’s motion to suppress where the photo lineup was not unduly suggestive; no error in trial court’s finding evidence was sufficient to sustain appellant’s robbery conviction of one of the victims Patricia A.

Hartman, f/k/a Patricia A. Hogg, III Trial court did not err in finding appellant in contempt of the parties’ property settlement agreement or in ordering appellant to pay her share toward the parties’ children’s education William Anthony Smith v. Commonwealth of Virginia Trial court did not err in admitting the addendum evidence over appellant’s objection or in finding appellant violated his probation by failing to follow the special instructions for sex offenders Shannita Jones v. Arlington County Department of Human Services Trial court did not err in terminating appellant’s parental rights to her children and approving the goals of adoption Brian I. Davis Trial court did not err in finding a material changed in circumstances warranted a reduction in spousal support to appellee Laronn J. Commonwealth of Virginia No error in trial court’s findings that appellant was “at liberty” under Code § 18.2-67.5:2 where appellant was on postrelease supervision for a previous offense and that appellant was not entitled to further investigation or a new trial based on his proffer of juror misconduct Thomas Reed Roberts v.

Commonwealth of Virginia Trial court did not err in denying appellant’s motion to suppress where the initial encounter was not a seizure, the seizure occurred after appellant’s flight and was supported by reasonable suspicion of criminal activity, and the officer had probable cause to believe the portion of the lottery ticket in appellant’s hand contained drugs Carlson Holdings, Inc. And Ace American Ins. Indemnity Co.) v. Sergut Tibebu Summary affirmance – Commission did not err in finding appellee proved by clear and convincing evidence that she suffered from a compensable ordinary disease of life and in awarding temporary total and temporary partial disability benefits Donald Brian Slentz v.

Commonwealth of Virginia Trial court did not err in denying appellant’s motion to suppress where trooper had a reasonable, articulable suspicion that appellant committed a traffic offense and the traffic stop did not violate appellant’s Fourth Amendment rights Carole R. Montgomery v. Montgomery Trial court erred in imputing rental income to appellant from two properties owned by a family trust; trial court did not err in imputing income to appellant, in finding appellant’s expenses had changed little since parties’ divorce, in terminating the spousal support obligation to the first hearing date, or in denying appellee’s request for attorney’s fees David Michael Abruzzese v. Commonwealth of Virginia Appellant’s arguments raised on appeal barred by Rule 5A:18 Dean McCluster, d/b/a McCluster Construction & Auto-Owners Insurance Company v. Virgillio Baltazar No error in composition of Commission where the review panel hearing appellants’ motion to reconsider was in accordance with the law; no error in Commission’s finding that appellee sustained compensable injuries arising out of and in the course of his employment Commonwealth of Virginia v. Dania Merlin Lemus Trial court erred in granting appellee’s motion to suppress where totality of circumstances was sufficient to determine there was a probability or substantial chance that appellee committed offense of DUI Eliseo Granado, Jr. Commonwealth of Virginia Trial court did not err in denying appellant’s motion to suppress where officers had reasonable and articulable suspicion of criminal activity to continue appellant’s detention beyond concerns of disorderly conduct or that he was armed to investigate whether he was driving under the influence Jhavar Yomont Smith v.

Commonwealth of Virginia Appellant’s assertion that officer coerced him into removing straw from his watch pocket during stop barred by Rule 5A:18; trial court did not err in denying appellant’s motion to suppress Stacey A. Wharam, f/k/a Stacey Austin v. Austin Judgment of trial court awarding appellee child support and finding appellant in contempt for failure to comply with a previous order and awarding appellee restitution affirmed in part and reversed and remanded in part Paul M. Masonry, Inc. And Accidental Fund National Insurance Company No error in Commission’s finding that appellant failed to prove the running blade was medically necessary Dominique Tiara Nash v. Arlington County Department of Human Services Termination of appellant’s parental rights to her child affirmed as appellant failed to comply with Rules 5A:18 and 5A:20 and failed to challenge an alternative holding supporting termination Martonio Leon Coleman v.

Commonwealth of Virginia No error in trial court’s finding that appellant was aware of the presence and character of the firearm and that it was subject to his dominion and control Colleen Beth Higgins v. Laurie John Pearce Trial court did not err in awarding sole physical and legal custody of the parties’ minor child to appellee April Dilaura v. Norfolk Department of Human Services Appellant’s failure to assign error to the trial court’s decision to terminate her parental rights and her failure to comply with Rule 5A:20(e) prevents this Court from addressing the termination of appellant’s parental rights to her children; even if appellant had correctly assigned error and her brief had been adequate, termination was in children’s best interest Jahlmaar Keith Overton v.

Commonwealth of Virginia Trial court erred in imposing a period of three years of good behavior for appellant’s conviction for use of a firearm in the commission of a felony where no suspended term of post-release supervision was imposed and that provision exceeded the punishment authorized by Code § 18.2-53.1 Shelby McCurnin, Jr., s/k/a Shelby F. McCurnin, Jr. Commonwealth of Virginia Trial judge did not abuse his discretion in denying appellant’s motion for recusal or in finding evidence was sufficient to prove appellant intentionally, rather than accidentally, filmed the victims without their consent Thomas Bartholomew Simpson v.

Commonwealth of Virginia No reversible error in trial court’s decision to admit a portion of a 911 recording in which a child’s statement is audible in the background or to admit screenshots of text messages received by the victim Levert Alexander Cosby v. Commonwealth of Virginia Trial court erred in granting Commonwealth’s motion in limine and sustaining the Commonwealth’s objection to the witness’ testimony regarding the time appellant appeared at the courtroom on the day of his trial; conviction of felony fail to appear reversed and remanded Lisa J. Yokshas & Scott L.

Bristol City Department of Social Services Trial court erred in finding appellants lacked standing to file petitions for custody, a petition for adoption, and a petition for an injunction Reginald Conrad Collard v. Patricia Ann Collins Trial court abused its discretion in awarding spousal support to appellee based on the pendente lite award and no evidence proved appellant’s income or ability to pay spousal support Charles McKinley Washington v. Commonwealth of Virginia Revocation of appellant’s suspended sentence affirmed where appellant received his due process rights to notice and a hearing in the circuit court revocation proceeding regarding his termination from the drug treatment court program; argument appellant may have been able to assert to an entitlement to more process in the circuit court barred by Rule 5A:18 Zorija Castillo v. Catherine Bell Summary affirmance – trial court did not err in denying appellant’s petition to set aside the adoption of her two children Lavonta Montreal Bland v.

Commonwealth of Virginia No error in appellant’s convictions where he was not denied his right to a preliminary hearing on the charges for which he was convicted; appellant was not denied his statutory and constitutional right to a speedy trial Oscar A. Rogriquez Grandados, s/k/a Oscar A. Rodriguez Granados v. Commonwealth of Virginia No error in finding that the evidence was sufficient to prove appellant had both express and implied power to direct or control the actions of the child and thus maintained a custodial or supervisory relationship over the child Nathaniel Howard Moone, III v.

Commonwealth of Virginia Appellant’s argument regarding sufficiency of the evidence to prove that the attempted robbery was accomplished by force or intimidation barred by Rule 5A:18 Rakell Kelvon Johnson v. Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to prove appellant countenanced, approved, and assisted in another’s actions and thereby aided and abetted in the carjacking James L. Robertson Trial court erred in valuing and distributing appellant’s IRA; equitable distribution, spousal support and child support awards reversed and remanded to trial court for further consideration Robert Christopher Ames v. Commonwealth of Virginia Trial court did not abuse its discretion in admitting testimony about appellant’s question and statement to the officers; evidence was sufficient to prove constructive possession of the firearm and marijuana and that the firearm was accessible for appellant’s immediate use Lakeisha Dorothy Crump v. Portsmouth Department of Social Services Summary affirmance – trial court did not err in finding termination of appellant’s parental rights to her child was in child’s best interest Norman Michael Roberts v. Commonwealth of Virginia Any error in admitting records from the National Precursor Log Exchange harmless where totality of the evidence established appellant’s guilt; convictions of manufacturing methamphetamine and conspiracy to manufacture methamphetamine affirmed Holly Malone v. Dinwiddie Department of Social Services Trial court did not err in terminating appellant’s parental rights to her children pursuant to Code § 16.1-283(B) Robert Kirtley, Jr.

Joel Cooper & Amguard Insurance Company No error in Commission’s finding that appellant was an independent contractor, not an employee, and was not entitled to an award of benefits Teounta Ernest Lewis v. Commonwealth of Virginia Trial court did not err in denying appellant’s motion to suppress where officer had reasonable articulable suspicion the stop the vehicle for an equipment violation NaQuon Lee Mathis v. Commonwealth of Virginia Trial court did not err in denying appellant’s motion to suppress where the encounter between appellant and the officer remained consensual and appellant voluntarily complied with the officer’s directions and a reasonable person would have felt free to disregard the instructions or leave the scene Timothy Dale Wadford v. Commonwealth of Virginia Trial court did not abuse its discretion in admitting a prior conviction order; evidence was sufficient to prove appellant operated a motor vehicle while intoxicated, third offense within ten years Reggie Donnell Saunders v. Commonwealth of Virginia Convictions of two counts of possession of oxycodone with intent to distribute violate Double Jeopardy Clause; matter remanded to trial court to vacate one conviction and sentence Thaddeus Anthony Ruane v. Cynthia Ann Ruane Trial court did not err in amending the QCO pursuant to Code § 8.01-428(B) where there was an inadvertent omission in the prior QCO that did not specify appellee was awarded the SBP Sterling Capers, s/k/a Sterling Bernard Capers v.

Commonwealth of Virginia Trial court did not err in refusing appellant’s proposed jury instruction regarding eyewitness identification, in denying appellant’s motion to strike the evidence, or in denying appellant’s motion to strike testimony of one witness Deanna Longerbeam v. Fauquier County Department of Social Services Trial court did not err by terminating appellant’s parental rights to her children and approving the permanency plans with the goal of adoption for the children Moffett Paving & Excavating & United Contractors of Virginia v.

Donald Kelly No error in Commission’s finding that appellee continued to be disabled as a result of his work accident where appellants failed to prove appellee’s disability was no longer related to his work injury and failed to prove appellee was able to return to work Juanita M. Washington v. Honeywell International, Inc., et al. Commission did not err in denying appellant benefits for injuries she suffered while crossing a public street that separates employer’s plant from a parking lot maintained by employer where the street appellant was crossing when she was struck was not part of employer’s premises and was not the sole and exclusive way of ingress and egress Jordan Diangelo Champion v.

Commonwealth of Virginia Trial court did not err in denying appellant’s motion to suppress his statements to the police where appellant intelligently, knowingly, and voluntarily waived his Miranda rights and appellant was not in custody for purposes of Miranda warnings during first phase of interview Stanley Hubbard v. Cyrenne Hubbard Trial court did not err in denying appellant’s motion to amend spousal support where it determined that the change in circumstances did not warrant a modification of the spousal support award Delos Lamont Wells, a/k/a Monty v.

Commonwealth of Virginia Trial court did not err in denying appellant’s motion to suppress evidence obtained during a search of his person Kevin Lee Dawson v. Commonwealth of Virginia No error in appellant’s conviction of driving after being declared an habitual offender where appellant failed to rebut the presumption of regularity concerning the prior adjudication Benjamin James Madonia v. Commonwealth of Virginia Trial court did not err in denying appellant’s motion to exclude DNA evidence and the related certificates of analysis where the Commonwealth met its burden of establishing all vital links in the chain of custody; trial court did not abuse its discretion in refusing appellant’s proposed voir dire question where other questions covered the same ground as the excluded question Tabias Dayon McClain v. Commonwealth of Virginia Trial court did not err in finding victim’s in-court identification of appellant was sufficiently reliable or in finding evidence was sufficient to convict appellant of malicious wounding and use of a firearm in commission of a felony Marc Louis v. Spotsylvania County Department of Social Services Summary affirmance – termination of appellant’s parental rights to his child affirmed Merley Jean Dorestal v. Spotsylvania County Department of Social Services Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child Jessica Gay v. Virginia Beach Department of Human Services Trial court did not err in terminating appellant’s parental rights to her children Shebri Stacy Dillon v.

Commonwealth of Virginia Trial court did not err in finding Roanoke County was an appropriate venue for appellant’s trial of uttering a forged public record which occurred at the Roanoke County courthouse located in the City of Salem Robert Alan Novotny v. Commonwealth of Virginia Trial court did not err in denying appellant’s motion to suppress statements he made to an officer or in finding evidence was sufficient to convict appellant of involuntary manslaughter Jay Hoon Kim v. Commonwealth of Virginia Trial court did not err in admitting appellant’s juvenile court conviction order into evidence where trial court made a factual finding that appellant was represented by counsel at the time of his juvenile court adjudicatory hearing Chiquita Lynette Parker v. Commonwealth of Virginia Trial court did not abuse its discretion in admitting appellant’s DMV transcript into evidence Woodrow W. Town of Christiansburg and Starnet Insurance Company No error in Commission’s finding that appellant’s injury did not arise out of his employment Creative Energy Corporation of Richmond and Cincinnati Insurance Company v. Richard Howe Commission did not err in awarding benefits to appellee where credible evidence supports its finding that a causal relationship existed between appellee’s compensable left knee injury and the treatment of appellee’s right leg Charlie Jeffreys v.

The Uninsured Employer's Fund, et al. No error in Commission’s finding that appellees Historical Society and Church were not engaged in the construction business and were not appellant’s statutory or direct employers The Uninsured Employer's Fund v. Charlie Jeffreys, et al.

No error in Commission’s finding that appellees Historical Society and Church were not engaged in the construction business and were not appellant’s direct or statutory employers; matter remanded to Commission for entry of a revised order Jake R. Jones, s/k/a Jake Robert Jones v. Commonwealth of Virginia Trial court erred in convicting appellant of interference with property rights of another where that offense is not a lesser-included offense of grand larceny Owen Franklin Silvious v. Commonwealth of Virginia Trial court did not err in finding it had subject matter jurisdiction to act when it placed appellant on indefinite supervised probation until he completes his payment of restitution Terry Stinnie v. Commonwealth of Virginia Trial court did not err in denying appellant’s motion to dismiss where there was no violation of appellant’s speedy trial rights Kenneth Charles Vigil v. Commonwealth of Virginia No reversible error in appellant’s convictions of aggravated sexual battery where victim’s testimony was not inherently incredible, evidence was sufficient to support the convictions, and any error by trial court in admitting witness’ testimony that appellant did not deny the offenses was harmless Monique Montrice Franklin v.

City of Franklin Department of Social Services Trial court did not err in determining that appellee offered reasonable and appropriate services to appellant designed to remedy conditions leading to child’s placement in foster care or in refusing to give appellant additional time to manage her mental health issues with medication Lisa M. Bowles and Sherri J. Bowles No error in trial court’s finding that appellant withheld her consent to the adoption of her child contrary to best interests of child; order of adoption affirmed Vernon Eggleston v.

Commonwealth of Virginia Trial court erred in imposing post-release incarceration where order that sentenced appellant for underlying offenses ordered only a term of post-release supervision, not post-release confinement James Warren Illetschko v. Jennifer Jo Illetschko Trial court did not err in declining to impute income to appellee from a second job or in denying appellant’s request for an award of attorney’s fees and costs Bryant James Hatcher v. Renee Matthews Judgment of trial court regarding appellant’s motion to modify child support affirmed except insofar as it pertains to trial court’s calculations in child support guidelines which differed from the amount the trial court used in its letter opinion John Edward Hardin v. Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to prove that appellant knew or should have known that his actions created a probability of serious injury and that he acted with a reckless or indifferent disregard to the rights of another; conviction of involuntary manslaughter affirmed Pablo Jesus Lijeron v. Christian Paola Lijeron Trial court did not abuse its discretion in awarding primary physical custody of the parties’ child to appellee Julia Selah v.

William Selah No error in trial court’s finding that consent order terminated upon entry of final decree or in refusing to incorporate consent order’s support terms into final decree; trial court erred in not permitting parties to present additional evidence relevant to determination of spousal support Umesh Kumar v. Commonwealth of Virginia Trial court did not err in denying appellant’s motion to dismiss, in denying appellant’s motion to suppress, in admitting certain exhibits notwithstanding appellant’s argument regarding chain of custody, or in denying appellant’s request for a jury instruction regarding Commonwealth’s destruction of evidence Creichuan Garrett v. Commonwealth of Virginia Trial court did not abuse its discretion in sentencing appellant Ramon Montrell Williams v.

Commonwealth of Virginia Trial court did not abuse its discretion in sentencing appellant to active incarceration on his malicious wounding conviction Allison Armiger v. Chesbay Distributing, LLC and Indemnity Insurance Company of America Summary affirmance – no error in Commission’s finding that appellant’s motion to reopen and vacate the petition and order settling all claims was untimely and that she failed to establish a mutual mistake of fact or other legal basis for vacating the petition and order Charles Wilmer, s/k/a Charles Ronald Wilmer, II v. Commonwealth of Virginia Trial court erred in finding evidence sufficient to prove appellant acted willfully or with reckless disregard for his children; convictions of causing an act or omission which rendered a child neglected or abused reversed Kenneth Edwards Hicks v.

Commonwealth of Virginia Appellant’s argument regarding admission of certificate of analysis based on the lack of a search warrant barred by Rule 5A:18, any error in admitting certificate of analysis harmless where evidence was sufficient to prove appellant was driving under the influence, and trial court did not err in denying motion to strike the evidence and set aside the jury’s verdict Jazmine N. Commonwealth of Virginia Trial court did not err in denying appellant’s motion to suppress where officer had probable cause to arrest the appellant and her companion for possession of contraband and the search of the dollar bill was reasonable as incident to arrest Ekaterina A. Bryan Theodore Chapin Trial court did not abuse its discretion by permitting appellee’s expert witness to testify and admitting expert’s report into evidence, in classifying certain assets as appellee’s separate property, in denying appellant’s motion for an alternative valuation date, or in refusing to award appellant additional attorney’s fees; no err in finding the prenuptial agreement was unenforceable Jane E.

Reid Trial court did not err in denying appellant’s motion to compel based on its interpretation of the parties’ property settlement agreement; remainder of appeal dismissed Miguel Angel Salmeron v. Commonwealth of Virginia Appellant’s argument regarding whether questions posed to a witness were leading is barred by Rule 5A:18; evidence was sufficient for jury to conclude that appellant was guilty of abduction with intent to defile and two counts of aggravated sexual battery Anthony Wayne Chaconas v. Commonwealth of Virginia Trial court did not err in granting the Commonwealth’s motion in limine and admitting evidence of prior crimes or bad actions Alexander Earl Billow, s/k/a Alexander Earl Barlow v. Commonwealth of Virginia Trial court did not err in finding evidence was sufficient to prove appellant intended to deprive the victim of her personal liberty with the intent to sexually molest her Torre A. Russell, s/k/a Torre Antwan Russell v. Commonwealth of Virginia Any error by trial court in admitting child’s statement to his father harmless where it was merely cumulative of nurse’s testimony regarding a nearly identical statement made to her; evidence was sufficient to find appellant guilty of cruelty and injury to a child David Duane Davis v.

Stafford County Department of Social Services Trial court did not err in terminating appellant’s parental rights to his children where DSS met its obligation under Code Section 16.1-283(A) and where the trial court’s best interest determination under Code Section 16.1-283 (C) was neither plainly wrong or without evidentiary support. Gerry Axelson v. Pifer Construction, Inc., Erie Insurance Exchange, & The Uninsured Employers' Fund Commission did not err in determining that a claimant seeking statutory employee status under Code Section 65.2-302 must prove he is an employee of an uninsured subcontractor and in concluding that Code Section 65.2-101(1)(n) is the sole way in which the member of a single-member LLC can be found to be an employee. Nicholas Maldonado v. Federal Express Corporation Commission did not err in finding appellant’s claim for permanent partial disability benefits was not timely filed as it had not been preserved by the benefits claims forms appellant had previously submitted which resulted in an award of medical benefits only Tara Monique Thompson v.

Commonwealth of Virginia Trial court erred in convicting appellant of Code § 18.2-371.1(A) where the evidence was insufficient to prove that appellant’s failure to take the child to see a medical provider actually ended up causing or permitting any additional serious injuries to the child’s health Askia Cuff v. Commonwealth of Virginia Trial court did not abuse its discretion in denying appellant’s motion to withdraw his guilty pleas where it found motion was not made in good faith and appellant had not presented evidence of a reasonable defense to the charges Jonathan & Carolyn Clark v. VA Dept of Housing & Community Dev State Building Code Technical, et al. Decision of trial court affirming appellees’ decisions regarding notice to appellants for violations of Uniform Statewide Building Code affirmed Clinton Bradley Walker v. Campbell County Department of Social Services Trial court did not err in finding evidence was sufficient to terminate appellant’s parental rights to his child Clinton Bradley Walker v. Campbell County Department of Social Services Trial court did not err in finding evidence was sufficient to terminate appellant’s parental rights to his child Daniel Thornsbury v.

Chesterfield-Colonial Heights Department of Social Services No error in trial court’s finding that termination of appellant’s parental rights to his children was in their best interests and that appellant had not substantially remedied conditions that brought his children into foster care Food/Bev Serv-Crystal City and Hyatt Corporation v. Tahssin Al-Boarab No error in Commission’s findings that appellee was totally disabled or that appellee did not unjustifiably refuse to cooperate with the vocation rehabilitation counselor Tiffany Custis v. Harrisonburg-Rockingham Social Services District Trial court did not err in finding termination of appellant’s parental rights to her child was in child’s best interest Commonwealth of Virginia v. Amanda Collins Trial court erred in granting appellee’s motion to suppress evidence found in a backpack and shaving kit where appellee lacked standing to contest the search; trial court’s suppression of statements made before appellee waiver her Miranda rights affirmed Daniel Lee Brooks v. Roanoke City Department of Social Services Trial court did not err in finding evidence sufficient to terminate appellant’s parental rights to his child pursuant to Code § 16.1-283(E)(i) Tyler Wendell Murphy v. Commonwealth of Virginia No error in trial court’s finding that evidence was insufficient to support appellant’s claim of self-defense where appellant unlawfully kicked the victim and stomped on his face after he was already rendered unconscious Howard Odell Harrod, III v. Commonwealth of Virginia No error in trial court’s finding that officer had reasonable articulable suspicion to stop appellant for a traffic violation and that the other officers in no way prolonged the duration of the stop by speaking with appellant during which they developed probable cause that appellant possessed marijuana James Jarmell Jackson v.

Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to prove appellant was a criminal agent of the offenses of robbery and use of a firearm in the commission of a felony Larry Jermaine Bell v. Commonwealth of Virginia Trial court erred in refusing to strike juror for cause Wade Protus Phillips v. Loudoun County, Virginia No error in Commission’s finding that appellant’s unauthorized medical treatment was not compensable by appellant where evidence did not prove treatment provided by employer was inadequate or that the unauthorized treatment was medically reasonable and necessary Sarah Swartwood-Davis v.

Stafford County Department of Social Services Trial court did not err in terminating appellant’s parental rights to her oldest child where the evidence supported the finding that termination was in the child’s best interest and that appellant failed to substantially remedy the conditions leading to the child’s initial placement in foster care within twelve months Phillip M. Bristol Department of Social Services No error in trial court’s termination of appellant’s parental rights to his child where it found that appellant had no substantial plan for his child’s future and that the evidence was sufficient to terminate appellant’s parental rights Antonio Elton Hubbard v. Commonwealth of Virginia Trial court did not err in admitting order book pages into evidence as proof of appellant’s prior drug convictions or in striking a prospective juror for cause Anderson Wright, s/k/a Anderson Jevon Wright v. City of Virginia Beach Trial court did not err in denying appellant’s motion to dismiss where the Virginia Beach disturbing the peace ordinance is not unconstitutionally vague or overbroad Rayonda Richards v. Alexandria Department of Community & Human Services Trial court did not err in terminating appellant’s parental rights to her children where appellant did not substantially correct the conditions that led to children’s placement in foster care and appellee provided reasonable and appropriate services to appellant; appellant’s due process rights were not violated Abdul Rahman Nashnoush v. Asma Yousef Decision of trial court denying appellant’s motion to modify support affirmed John David Clark v. Jennifer Rodgers Clark No error in trial court’s denial of appellant’s motion for reconsideration related to spousal support Jane Arlene Frakes v.

Danny Joe Frakes Trial court did not err in classifying Michigan property as separate property and Norfolk home as marital property; trial court erred in failing to classify the rest of the parties’ property Jose Manuel Ramos-Fantauzzi v. Elizabeth Santa Matos Trial court erred in denying appellant’s motion to reconsider the trial court’s acceptance of jurisdiction and in entering the military qualifying order Felicia Elizabeth Feaster v. Harrisonburg-Rockingham Social Services District Trial court did not err in finding termination of appellant’s parental rights was in child’s best interest Alfonso Renoid Mason v. Harrisonburg-Rockingham Social Services District Trial court did not err in finding termination of appellant’s parental rights to his child was in child’s best interest James Steven Patterson v.

Commonwealth of Virginia Trial court erred in admitting exhibit to enhance appellant’s dui conviction where the appellant’s conviction was under a California statute not substantially similar to Virginia’s DUI statute Andrew Simon Manzano, a/k/a Andrew Williams v. Commonwealth of Virginia Trial court did not err in denying appellant’s motion to strike for cause three venirepersons where trial court found they were able to serve as impartial jurors Kellie L. Brinckhaus Trial court abused its discretion in incorporating the parties’ amended parenting agreement into an order without considering the best interests of the child and Code § 20-124.3 factors Richard David Rouse v. Catherine Hagy Rouse Trial court did not abuse its discretion in dividing the marital property or in granting divorce on the ground of continuous separation of more than one year; issue of pendente lite spousal support barred by approbate-reprobate doctrine; other assignments of error waived due to procedural defects Dwayne Gray Miller, Jr. Commonwealth of Virginia Appellant’s convictions of aggravated involuntary manslaughter and felony hit and run affirmed where evidence was sufficient to prove appellant proximately caused victim’s death, exclusion of victim’s toxicology evidence, if error, was harmless, and instruction on degree of intoxication as a factor to consider was properly given Victoria's Secret & Gallagher Basset Services v.

Nicole Mauldin Commission erred in failing to reopen the record to hold an additional hearing to consider whether the medical records obtained from appellee’s medical provider constituted after discovered evidence sufficient to warrant modification of the Commission’s earlier decision Ronnie Stiltner v. And Amguard Insurance Company Summary affirmance – no error in Commission’s finding that appellant failed to establish a compensable injury Robinique Scott Cruse v. Alexandria Department of Community and Human Services Trial court did not err in terminating appellant’s parental rights to the three children subject to this appeal where evidence proved termination was in children’s best interest Dmitri I. Henrico County Trial court did not err in denying appellant’s motion to suppress where evidence proved encounter began as a consensual one and that by the time a seizure of appellant occurred, officer had reasonable suspicion that appellant was driving while intoxicated Andrew Nicholas Chavis v. Commonwealth of Virginia Trial court did not abuse its discretion in considering expert testimony where that testimony did not invade the province of the court as fact finder; trial court did not err in finding evidence was sufficient to prove appellant’s intoxication caused him to operate his vehicle in a manner that caused the death of the two victims Tamera S.

Wise County Department of Social Services Appellant’s assignments of error waived where she did not object to any action taken by the trial court and did not assign error to any action taken by the trial court Amit Varma v. Meenakshi Bindal Trial court did not abuse its discretion in entering the supplemental order Gary L.

Commonwealth of Virginia Trial court did no err in denying appellant’s motion to strike and did not abuse its discretion in allowing the audio recording of two jail calls to be played to the jury Crystal Houston v. City of Newport News Department of Human Services Judgment of trial court affirmed as the evidence presented satisfied the criteria set forth in Code § 16.1-283(c)(2) and thus adequately supported trial court’s decision to terminate appellant’s parental rights to her children Martin Houston, Sr. City of Newport News Department of Human Services Judgment of trial court affirmed as the evidence presented satisfied the criteria set forth in Code § 16.1-283(c)(2) and thus adequately supported trial court’s decision to terminate appellant’s parental rights to his children George M. Gordon Trial court did not abuse its discretion in fashioning the spousal support award as it considered the required statutory factors and its factual findings have evidentiary support in the record Michael Harris, s/k/a Michael Wayne Harris v. Commonwealth of Virginia Trail court did not err in denying motion to suppress as the challenged evidence was admissible pursuant to the inevitable discovery doctrine Christopher Dawayne Sledge, Jr. Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to support appellant’s conviction of malicious wounding Four 'O' Mining Corporation and American Mining Insurance Company v. Deel No error in Commission’s finding that appellee’s claim was not barred by the statute of limitations and that his condition supported the award of lifetime benefits Anthony William Goodman v.

Commonwealth of Virginia Trial court did not abuse its discretion in denying appellant’s motions to withdraw his guilty pleas where he expressly waived his right to withdraw the guilty pleas in the plea agreement Christopher Lee Watson v. Commonwealth of Virginia No error in trial court’s finding that the evidence was sufficient to prove appellant knew of the gun’s presence in the trunk of the vehicle Christopher Howard Marraro, II v. Janae Irene Haaland Judgment of trial court affirmed where the record is insufficient for Court to make a determination of assignment of error raised on appeal Randell Louis Kinlaw v. Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to prove appellant had a firearm in his possession during the robbery and used it to commit that offense Kristen Naomi Williams v. Charlottesville Department of Social Services Summary affirmance – appellant’s arguments that trial court erred in dismissing her appeal from juvenile court due to her failure to appear at the hearing barred by Rule 5A:18 Larry Elrod, III v. Anastasia Alexander and Michael Alexander Summary affirmance – trial court did not err in approving the step-parent adoption of appellant’s children Neka Granite Imports, Inc., et al. Luis Paz Summary affirmance – no error in Commission’s finding that appellee was entitled to permanent total disability benefits where it found appellee was unable to use his injured members in gainful employment and had reached maximum medical improvement on his right arm injury Hampton Roads Sanitation District v.

Virginia Department of Enviornmental Quality Trial court did not err in upholding appellee’s denial of appellant’s proposal to use biosolids ash on a farm Jerry Lee Gibbs v. Commonwealth of Virginia Trial court did not err in denying appellant’s motion to suppress where officer had a reasonable, articulable suspicion of illegal activity and was permitted to stop appellant to investigate the matter and quickly confirm or dispel his suspicion that the inspection sticker had been illegally moved from one vehicle to another Kayla S.

City of Petersburg Department of Social Services Summary affirmance – trial court did not abuse its discretion by not appointing a guardian ad litem to represent the juvenile appellant where she was represented by court-appointed counsel Maurice Dontrell Boykins v. Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to prove appellant initiated the gunfight and shot the victim; appellant’s argument regarding his malicious shooting into an occupied building conviction barred by Rule 5A:18; matter remanded to trial court to correct clerical error in sentences reflected in November 6, 2015 order James B. Omary Summary affirmance – arguments raised by appellant on appeal barred by Rule 5A:18 Mark David Murgia v. Commonwealth of Virginia Trial court erred in finding evidence sufficient to prove computer solicitation of a minor where no evidence showed appellant’s text messages to the victim constituted an entreaty or effort to persuade the victim to engage in any illegal sexual conduct Lee Jeffrey Borras v.

Commonwealth of Virginia Trial court did not err in convicting appellant of aggravated sexual battery where evidence was sufficient to prove appellant caused serious mental injury to the victim or in revoking appellant’s suspended sentence; appellant’s argument that trial court erred in convicting appellant of both rape and aggravated sexual battery for same conduct barred by Rule 5A:18 Quinton N. Washington, s/k/a Quintin N. Washington v. Commonwealth of Virginia Trial court did not err in excluding evidence of the victim’s character for violence offered to prove appellant had a reasonable apprehension for his life and safety or in finding evidence was sufficient to prove appellant acted maliciously Jamal Ryan Sumner v. Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to convict appellant of breaking and entering where appellant committed a breaking by entering through the partially closed door, without the victim’s consent, and with the intent to commit an assault and battery Derek Lamont Porter v.

Commonwealth of Virginia Appellant’s argument that the search of the pill bottle was beyond the scope of his consent barred by Rule 5A:18; trial court correctly denied appellant’s motion to suppress where officer had a reasonable articulable suspicion of illegal activity Kelly Patrick Johnson v. Commonwealth of Virginia Trial court erred in finding evidence sufficient to convict appellant of failure to perform a promise for construction in return for advances where it did not prove beyond a reasonable doubt that the demand letter was sent with a return receipt request to satisfy the notice element of the offense Karlin Michael Jones v.

Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to support conviction of assault and battery of law enforcement officer where appellant pushed officer in an offensive and insolent manner in order to evade arrest Tony Lamont Pugh v. Commonwealth of Virginia Trial court did not abuse its discretion in admitting a copy of the forged check over appellant’s best evidence objection; evidence was sufficient for jury to conclude that appellant knew the check was forged when he cashed it Walter James Graves v. Commonwealth of Virginia Trial court did not err in finding evidence was sufficient to support conviction for breaking and entering where victim’s residence was no longer appellant’s residence and appellant’s entry into the residence offended victim’s right of habitation Edwin Rudolfo Romero Medrano v. New Tech, LLC and Erie Insurance Exchange Summary affirmance – no error in Commission’s finding appellant was not entitled to workers’ compensation benefits because he was not a direct employee of New Tech, LLC Brian Charles Henley v. Commonwealth of Virginia Appellant’s argument regarding his right to resist an illegal arrest barred by Rule 5A:18 where appellant failed to raise that issue in his motion to strike Gerard Bunn v. Commonwealth of Virginia Hit and run conviction affirmed because evidence proved that appellant failed to fulfill his legal obligations after he struck the vehicle; driving after having been declared a habitual offender conviction reversed because evidence failed to prove the revocation of appellant’s driving privilege was still in effect Dermont Travon Sims v. Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to support appellant’s convictions of burglary of a building, petit larceny, and possession of burglary tools Ronald L.

Virginia Employment Commission and Fairfax County Trial court did not err in affirming Commission’s decision that appellant was not due unemployment compensation where appellant voluntarily quit his job without good cause Michael Stacy Graves, Jr. And Lisa Anne Graves v. Neil Edward Jones Error in order denying appellants’ petition for adoption; matter remanded to trial court to reconsider the petition for adoption in light of Code § 63.2-1202(H) and/or the factors in Code § 63.2-1205 Continental Telecom Corp. And Travelers Indemnity Company v. Joan Streets-Nash No error in Commission’s finding that Dr.

Fiore was an authorized treating physician and that he performed reasonable and necessary treatment that was causally related to appellee’s compensable work injury Ermais Samson v. Commonwealth of Virginia Trial court did not err in excluding the certificate of analysis at trial where appellant did not comply with the filing requirements of Code § 19.2-187 and Code § 19.2-187.1 is not applicable when the defendant seeks to admit a certificate of analysis Anthony Deshawn Bethel v. Commonwealth of Virginia Trial court erred in refusing to admit appellant’s statement to the victim at the time of the burglary and in doing so effectively prevented appellant from offering relevant and admissible evidence in support of his defense that he lacked criminal intent Pittsylvania County Department of Social Services v.

Martha Gosney Judgment of trial court reversed and final judgment entered where trial court was without jurisdiction to hear appellee’s appeal as appellant is a unit of county government and exempt from the Virginia Administrative Process Act Carlun Fontaine Hart v. Commonwealth of Virginia Upon a Rehearing – judgment of trial court affirmed based on trial court’s alternative finding that it believed victim’s testimony and Supreme Court’s recent decision in Commonwealth v. Lambert, 292 Va.

748, 793 S.E.2d 805 (2016) Calvin Burnell Bailey, Jr. Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to prove the value of the stolen bicycle was $200 or more Michael Joseph Anderson v. Commonwealth of Virginia No error in appellant’s perjury conviction where appellant’s sworn statements were false, willfully made, and material; trial court did not err in admitting appellant’s sworn criminal complaint where Commonwealth properly authenticated the criminal complaint Amanda Marie Thomas v. Commonwealth of Virginia Trial court did not abuse its discretion in determining appellant’s sentence when it imposed an additional three-year term of suspended incarceration conditioned on post-release supervision Jonathan Lamar Marks v.

Commonwealth of Virginia Trial court did not err in denying appellant’s motion to suppress where the search warrants were supported by probable cause; trial court did not err in denying appellant’s motion for a Franks hearing where appellant failed to make the requisite showing Dwayne Demario Marrow v. Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to prove appellant’s identity as the criminal agent; trial court erred in finding evidence was sufficient to prove shooting resulted in a significant and permanent physical injury to victim; conviction of use of a firearm in commission of felony affirmed and conviction of aggravated malicious wounding reversed and remanded Commonwealth of Virginia v.

Deante Lapre Mayo Trial court erred in granting appellee’s motion to suppress evidence obtained after an encounter between appellee and officers where initial encounter was consensual and the subsequent search was lawful; trial court did not err in denying appellee’s motion to suppress evidence from rental car as appellee had no standing to challenge the evidence seized Arthur Clinton, s/k/a Clinton Arthur, Jr. Commonwealth of Virginia Trial court did not err in admitting conviction order showing appellant’s prior felony conviction despite appellant’s indication he wished to stipulate to that conviction; appellant did not request a cautionary instruction or move for a mistrial Shawn Garrett v. Andria Garrett Final decree of divorce affirmed in part, reversed in part, and remanded to the trial court for further proceedings Mark Case v. United Parcel Services and LIberty Insurance Corporation Commission did not err in finding that appellant failed to market his residual work capacity while on light-duty status during the relevant time period or in refusing to admit after-discovered evidence where that evidence was not material or relevant Renee Ann Beatty v. Harry Davis Beatty Judgment of trial court affirmed where appendix is insufficient to decide the issue presented Clarissa Gregory v.

City of Hampton Department of Social Services Trial court did not err in finding appellee proved, by clear and convincing evidence, that termination of appellant’s parental rights to her children was in their best interest; appellant’s other arguments waived Alysia Anne Langen v. Commonwealth of Virginia Trial court erred in finding evidence was sufficient to prove appellant violated the terms of her suspended sentences by failing to timely pay restitution Alexander Michael Edwards v. Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to prove appellant intended to disfigure victims when he tattooed them; trial court erred in finding evidence was sufficient to prove conspiracy to murder where there was no evidence of an agreement Jonathan Lee Bistel v. Sarah Lee Bistel Appeal dismissed insofar as it pertains to custody and visitation order regarding H.B. As notice of appeal was not timely filed to that order; judgment of trial court pertaining to custody and visitation order regarding S.B.

Is affirmed Michael Henry Vechery v. Florence Cottet-Moine No error in trial court’s custody and visitation order barring appellant from attending child’s gymnastic practices, awarding appellee legal and physical custody of child, holding that custody and visitation case would be heard in one day, refusing to conduct an in camera interview with the child or in ordering child not to play competitive golf for one year Janet Garrett-Kelly v.

Kelly, II Appellant’s argument on appeal that trial court erred by dismissing her appeals because the trial court did not conduct a de novo hearing barred by Rule 5A:18 BJ's Wholesale Club, Inc. McCarron No error in Commission’s finding that appellant was entitled only to a credit based on the excess amount appellee received due her increased earnings at a dissimilar job as it was a correct interpretation of Code § 65.2-712 Tiffany Lauren Phillips v. Commonwealth of Virginia Trial court did not err in finding evidence was sufficient to prove felony embezzlement; trial court erred in ordering restitution where no evidence proved the actual loss, if any, to the victim Rosario Ruiz Dominguez v. Hardee's and Travelers Indemnity Company of America No error in Commission’s finding that under Code § 65.2-709 appellant was not entitled to cost of living adjustments where appellant is receiving one hundred percent of her average pre-injury weekly wage Danielle Marie Embrey v. Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to convict appellant of misdemeanor contributing to the delinquency of a minor where the conditions the child was subjected to presented a substantial risk of death, disfigurement, or impairment of bodily or mental function Jacklyn D. Bristol Department of Social Services No error in trial court’s finding that evidence was sufficient to prove that termination of appellant’s parental rights to her children was in their best interest and that there was no reasonable alternative to termination Jason M. Bristol Department of Social Services No error in trial court’s finding that evidence was sufficient to prove that termination of appellant’s parental rights to his children was in their best interest and that there was no reasonable alternative to termination Akbar Aswab Douglas v.

Commonwealth of Virginia Decision of trial court revoking appellant’s suspended sentences affirmed where the condition at issue was imposed in an earlier order that could not be collaterally attacked at the later revocation hearing Raymond Antonia Williams v. Commonwealth of Virginia Trial court did not err in denying appellant’s motion to suppress where officer had probable cause to arrest vehicle’s occupants after officer found marijuana residue in vehicle and subsequent search of appellant’s person was legally permissible as a search incident to arrest James Donta Whitfield v. Commonwealth of Virginia Trial court erred in finding evidence was sufficient to prove that the accident caused more than $1,000 of damage to meet threshold for felony hit and run India Felicia Valentine v. Commonwealth of Virginia No error in jury’s finding that evidence was sufficient to prove the victim’s death was the result of appellant’s neglect Yzavia W. Roanoke City Department of Social Services Summary affirmance – no error in trial court’s finding it no longer had jurisdiction over this matter where appellant’s parental rights to her child had been terminated and she had exhausted her appeals of that decision; Court will not consider her arguments regarding transcript being incomplete where record reflects she did not file objections with trial court Yzavia W.

Roanoke City Department of Social Services Summary affirmance – no error in trial court’s finding it no longer had jurisdiction over this matter where appellant’s parental rights to her child had been terminated and she had exhausted her appeals of that decision; Court will not consider her arguments regarding transcript being incomplete where record reflects she did not file objections with trial court Michael Dewayne Culberson v. Commonwealth of Virginia Appellant’s argument regarding trial court’s denial of motion to suppress waived pursuant to Rule 5A:18; sentence imposed on conviction of possession of cocaine reversed and remanded to trial court for new sentencing hearing Michael Blake Vaughan v.

Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to prove that appellant willfully concealed merchandise with intent to defraud Target of its value John Daniel Holsinger v. Commonwealth of Virginia No error in trial court’s conclusion that evidence was sufficient to find that circumstances that existed at time appellant discharged his weapon through the kitchen door proved that his actions may have placed victim’s life in peril Janette Campbell & Wessell Campbell v. Lynchburg Department of Social Services Judgment of trial court affirmed where appellants waived their challenge to the trial court’s decision dismissing custody petition for this child Janette Campbell & Wessell Campbell v. Lynchburg Department of Social Services Judgment of trial court affirmed where appellants waived their challenge to the trial court’s decision dismissing custody petition for this child Janette Campbell & Wessell Campbell v.

Lynchburg Department of Social Services Trial court did not err in dismissing appellants’ custody petition for this child where evidence established that appellants were unqualified to care for the child and uncommitted to maintaining a continuous relationship with child Janette Campbell & Wessell Campbell v. Lynchburg Department of Social Services Trial court did not err in dismissing appellants’ custody petition for this child where evidence established that appellants were unqualified to care for the child and uncommitted to maintaining a continuous relationship with child Virginia C.

Dodson Trial court’s child support order affirmed where Court will not consider appellant’s assignment of error due to her failure to comply with Rule 5A:20(e) Billy Joe Lee v. Commonwealth of Virginia Appellant’s argument that trial court erred in refusing to instruct jury on involuntary manslaughter with respect to Code § 18.2-279 barred by Rule 5A:18 and with respect to Code § 18.2-33 counsel conceded at argument that there is no lesser-included offense of felony homicide Roy Lujason Turner v. Commonwealth of Virginia Trial court did not abuse its discretion in admitting photograph of appellant where it was a screenshot of appellant from a news website and differed significantly from a mug shot Michelle H. Commonwealth of Virginia Trial court did not err in granting motion to amend indictments where those amendments did not change nature or character of offense, in finding evidence sufficient to prove four counts of obtaining money by false pretenses, four counts of embezzlement, and one count of grand larceny or in denying pretrial motions for bill of particulars and to elect charges Ja'Ron Russell Turner v. Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to prove appellant was one of the perpetrators or in considering the out-of-court statements of the officer where they were not offered for the truth of the matters asserted and were not hearsay Larry Eugene Coney, Jr. Commonwealth of Virginia No error in trial court’s finding that the evidence was sufficient to prove appellant committed the offenses where it proved opportunity and other incriminating circumstances to establish appellant’s guilt beyond a reasonable doubt Malik Luquan Kennedy v. Commonwealth of Virginia No reversible error in trial court’s decision to admit appellant’s communications with gang members in his probation revocation trial where the letters appellant wrote were admissible as party admissions and admission of correspondence from prisoners to appellant, if error, was harmless Kevin Anthony Battaglia v.

Commonwealth of Virginia Trial court did not err in allowing witness to read his witness statement to the jury, in denying appellant’s motion for a mistrial, or in finding evidence sufficient to prove appellant resisted arrest Young Jin Kim v. Roto Rooter Services Company & Old Republic Insurance Company No error in Commission’s finding that appellant did not prove an identifiable incident which caused his injury National Express Corporation, et al v. Mary Pritchett Commission did not err in finding that appellee reasonably marketed her residual work capacity or in awarding appellee temporary partial disability benefits Dejuan Latel Roy v. Commonwealth of Virginia Trial court erred in finding evidence was sufficient to prove appellant possessed the cocaine found in the glove compartment of the vehicle or that he agreed to conspire with one or more individuals to distribute the cocaine Francisco Garcia-Tirado v. Commonwealth of Virginia No error in trial court’s denial of appellant’s motion to suppress his statements to the police where evidence clearly shows appellant knowingly and voluntarily waived his Miranda rights where he gave no indication that he did not understand the questions posed to him and his answers in Spanish were responsive and consistent with the questions asked Jennifer Hutchins Allen v.

Allen Trial court did not err in its classification of the stock purchase proceeds, in relying on the witness’ testimony regarding sale of appellee’s business, in classifying property as hybrid and applying a converture fraction to decide marital share, in refusing to use an alternate valuation date, in determining spousal support, or in its ruling regarding appellant’s Fifth Amendment waiver Jonathan Burton, Sr. Norfolk Department of Human Services Trial court did not err in terminating appellant’s parental rights to his four children where evidence proved that appellant failed to provide or substantially plan for the children’s future for a period of six months after the children were placed in foster care and that appellant was unable or unwilling to substantially remedy the conditions leading to foster care placement for the children Kyle Crews v. Halifax County Department of Social Services Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child pursuant to Code § 16.1-283(E)(i) where sufficient evidence proved his parental rights had been previously terminated to three of his children Chantz Parker, s/k/a Chantz Nathaniel Parker v. Commonwealth of Virginia Appellant’s convictions affirmed where trial court did not err in denying appellant’s motion to sever his trial from his codefendant, in admitting appellant’s and his codefendant’s medical records into evidence, jury could have reasonably rejected appellant’s hypothesis of innocence, and law of the case forecloses challenge to attempted robbery where no challenged was made to armed burglary Brian T. Anderson Judgment of trial court reversed where appellee’s notice of appeal of current child support order from juvenile court to circuit court was not timely filed Simone Brown v. Petersburg Department of Social Services Termination of appellant’s parental rights affirmed where appellant’s failure to challenge the termination under Code § 16.1-283(C)(2) renders moot her challenge to the termination under Code § 16.1-283(B) Andersen Interior Contracting, Structure Tone, Inc.

And Arch Insurance Company v. Samuel Nimmo Decision of Commission finding a compensable injury and awarding appellee lifetime medical benefits affirmed where appellants failed to prove appellee’s fall and resultant injuries were proximately caused by his intoxication Steven Clifton Pagans v. Franklin County Department of Social Services Termination of appellant’s parental rights to his children affirmed where his failure to challenge the termination of his parental rights under Code § 16.1-283(C)(2) renders moot his challenge to the termination of his parental rights under Code § 16.1-283(B) Marta Rivas v. Mom's Apple Pie Company and Technology Insurance Company Summary affirmance – no error in Commission’s finding that appellant committed a willful breach of a workplace safety rule Jerneil Leslie Moody v. Commonwealth of Virginia No error in jury’s finding that the theft of the vehicle was not part of the same impulse as the other grand larceny or in its finding that the testimony of appellant’s confederates was credible Kenyatta Ferrell Jones v. Commonwealth of Virginia No error in trial court’s finding that appellant had guilty knowledge that the vehicle he was driving was stolen Anthony S.

Wiley No error in trial court’s amended final order of divorce regarding equitable distribution or spousal support Nicholas Secret, s/k/a Nicholas Charles Secret v. Commonwealth of Virginia Trial court did not err in denying appellant’s motion to suppress his post-warning statements, in denying appellant’s motion to strike where evidence needed only show appellant intended to kill the people he knew were in the building when he set it on fire, or in refusing proffered appellant’s jury instruction on intent City of Norfolk v. Tammy Gray No error in Commission’s finding that appellant was liable for the surgery and treatment of appellee’s work-related injuries performed by an unauthorized treating physician where evidence was sufficient to prove that treatment was reasonable and necessary Stacy L. Virginia Department of Social Services Summary affirmance – trial court did not err in granting appellee’s plea in bar dismissing the appeal for lack of jurisdiction where appellant failed to file a petition for appeal within thirty days of filing the notice of appeal and therefore failed to comply with requirements of Rule 2A:4 Tammy T. Sudarsan Srinivasan Appellant’s assignment of error regarding setting of spousal support waived where appendix lacks transcript necessary for determination of that assignment of error and trial court properly considered the statutory factors and set out those factors in its decision Alice Jin-Yue Guan v.

Bing Ran Trial court did not err in finding appellee was not entitled to receive a set-off distribution pursuant to parties’ post-divorce agreement; trial court erred in finding appellant waived spousal support and breached the post-divorce agreement Michael Clair and Douglas Buckley v. Virginia Marine Resources Commission, et al. Trial court erred in finding appellants had standing to appeal the decision of the Virginia Marine Resources Commission where they were not “aggrieved” parties and did not suffer a burden or obligation different from the public generally Matthew Brent Ford v. Alyssa Anne Johansen Judgment of trial court denying appellant’s motion to reduce his child support obligation affirmed where appellant did not demonstrate a material change in circumstances AV Automotive and VADA Group Self-Insurance Association v. Yahia Mohammed No error in Commission’s award of medical benefits and temporary disability benefits to appellee where appellee proved by a preponderance of the evidence that his injury arose out of his employment King David Manning, Jr. Commonwealth of Virginia Trial court did not err in admitting documentary record exhibits under the business record exception to the hearsay rule; appellant’s argument that Cash Converters did not rely upon transaction records in normal course of business barred by Rule 5A:18 Andre Smalls v. Commonwealth of Virginia Trial court did not err in denying appellant’s motion to strike where operability of firearm is not an element of possession of a firearm while in possession of drugs and evidence was sufficient to prove firearm was a functioning firearm and statute does not require proof of a nexus between the firearm and the illegal activity; argument regarding constructive possession barred by Rule 5A:18 SurgCenter of Silver Spring, LLC v.

Michael & Son Services, Inc., et al No reversible error in Commission’s denial of appellant’s application for unpaid medical bills related to treatment of an employee of appellee Michael & Son based on alternative finding that appellees rebutted the presumption that appellant’s remaining charges were reasonable and necessary Rodney Dale Brady, Jr. Patrick County Department of Social Services Judgment of trial court terminating appellant’s parental rights to his two children affirmed where record does not indicate that appellant preserved his arguments for appeal Jessica Dianne Gilley v. Patrick County Department of Social Services Judgment of trial court terminating appellant’s parental rights to two of her children affirmed where trial court terminated appellant’s parental rights under Code § 16.1-283(B) and (C)(2) but appellant did not challenge termination under Code § 16.1-283(B) rendering moot her challenge under Code § 16.1-283(C)(2) Jodi J. Commonwealth of Virginia No error in trial court’s refusal to instruct jury on appellant’s claim of self-defense as to one victim as there was no evidence to support that instruction, in sua sponte instructing jury that it could only consider affirmative defense of self-defense as to one victim or in refusing to allow entirety of phone conversation between appellant and another into evidence Terry Lee Poff, s/k/a Terry Lee Poff, Jr. Commonwealth of Virginia Trial court erred in refusing to allow the jury to hear impeachment evidence in the form of witness testimony that contradicted some of the victim’s testimony Lavon Lawrence Gordon, s/k/a Cordarall Deshawn Gordon v.

Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to prove appellant was in constructive possession of the firearm found in the vehicle James Corey Boggs v. Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to prove appellant took the credit card from victim’s apartment Rodney Lenard Marshall v. Commonwealth of Virginia Trial court erred in finding evidence was sufficient to support appellant’s conviction of receiving stolen property where evidence did not establish victim’s vehicle was actually stolen Fateh Al-Hayani v.

Commonwealth of Virginia Trial court did not err in denying appellant’ s motion to suppress where trooper had probable cause for the search of appellant’s vehicle where the totality of the facts provided a fair probability that contraband would be found in the vehicle Alice C. Taylor Village for Childhelp v. Jones, Director, etc. Trial court erred in affirming appellee’s decision disregarding the recommendations by the hearing officer Michael David Bailey v. Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to support appellant’s conviction of taking indecent liberties with a child where Code § 18.2-370(A)(3) prohibits an adult from proposing that he “feel” the sexual parts of a child regardless of the degree of force applied or the duration of the contact Marquez Rah-Shaun Perkins v. Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to prove convictions of robbery, conspiracy to commit felony, and use of firearm in commission of felony; trial court erred in finding evidence sufficient to prove convictions of malicious wounding and use of firearm in commission of felony Commonwealth of Virginia v. Theodore Keith Simpson, Jr.

Trial court did not err in granting motion to suppress where weapon was not discovered in plain view and no evidence was presented that could lead a reasonable person to believe that appellant was a convicted felon at the time of weapon’s seizure or that the weapon itself constituted evidence of a crime Carlun Fontaine Hart v. Commonwealth of Virginia Petition for rehearing granted. Gary Jerome Turner v. Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to prove appellant was criminally negligent in driving recklessly after ingesting marijuana and failing to ensure the proper restraint of his passengers Kathy Lorraine Staiger v. Commonwealth of Virginia Trial court did not err in convicting appellant of driving under the influence, third offense within five years in the same trial where she was convicted of driving under the influence, second offense within five years Oscar O.

Ozfidan No error in trial court’s award of indefinite spousal support to appellee where appellant’s motion put the issue of spousal support before trial court and evidence supports the award NHC Healthcare/Bristol, LLC v. Levine, MD, MPH, Virginia State Health Commissioner, et al Trial court did not err in affirming Commissioner’s denial of appellant’s petition seeking good cause standing to participate in the proceedings before the Commissioner on an application for a certificate of public need for construction of a ninety-bed nursing home in Bristol, Virginia Davitta Robinson v. City of Alexandria Department of Community and Human Services Trial court did not err in terminating appellant’s parental rights to five of her children and approving the goals of adoption Ashby Coleman v. Commonwealth of Virginia Appellant’s convictions of distribution of child pornography affirmed where jury found images depicted images of minors, were a lewd display of nudity, and were knowingly distributed by appellant Debora Goad v.

Eastman Chemical and Ace American Insurance Company Summary affirmance – Court will not consider appeal as appellant’s failure to comply with Rule 5A:20(e) is significant Dr. Greg Bath and American Economy Insurance Co. Virginia Lee Olinger No error in Commission’s finding that appellee’s reactive airway disease was a compensable ordinary disease of life that was caused by conditions peculiar to appellee’s employment Patricia Ann Gerald v. Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to prove appellant committed perjury or in its finding that Albemarle County was proper venue for an offense committed in Albemarle General District Court, which is located in the City of Charlottesville Tarsah M. Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to prove appellant committed perjury, in finding that Albemarle County was proper venue for an offense committed in Albemarle General District Court, which is located in the City of Charlottesville, or in finding evidence was sufficient to find appellant guilty of driving on a suspended license, third offense Pamela Moreland v.

Lynchburg Department of Social Services No error in trial court’s finding that clear and convincing evidence proved appellant’s children suffered abuse and neglect that presented a serious and substantial threat to their lives and that it was not reasonably likely conditions could be remedied within a reasonable amount of time; termination of appellant’s parental rights to her children affirmed Christopher Moreland v. Lynchburg Department of Social Services No error in trial court’s finding that clear and convincing evidence proved appellant’s children suffered abuse and neglect that presented a serious and substantial threat to their lives and that it was not reasonably likely conditions could be remedied within a reasonable amount of time; termination of appellant’s parental rights to his children affirmed Derrick Alexis Williams v. Commonwealth of Virginia No error in trial court’s finding that appellant was aware of the presence of the cocaine and exercised dominion and control over it; trial court erred in finding evidence was sufficient to prove a conspiracy existed between appellant and the other occupants of the vehicle Robin Lee Elliott v. Bryan Curtis Wendell Trial court erred in failing to include provisions in child support order related to health care coverage and unreimbursed medical expenses; matter remanded to trial court for further proceedings Joey Eugene Hodnett v.

Commonwealth of Virginia Appellant failed to present his argument to trial court that officer’s suspicion was dispelled before he asked for appellant’s license and registration and that argument is barred by Rule 5A:18; appellant conceded officer had reasonable, articulable suspicion to stop his vehicle Wilbur Maurice Watts v. Commonwealth of Virginia Trial court did not err in denying appellant’s motion to suppress where officer’s search of vehicle that resulted in discovery of firearm did not violate appellant’s Fourth Amendment rights as officer had probable cause to arrest appellant for possession of an illegal substance which permitted officer to search vehicle incident to the arrest Loretta Roberts-Bond v. Harrisonburg-Rockingham Social Services District No error in trial court’s finding that child was a child in need of services in order for her to receive the stability necessary to the child’s condition or in its finding evidence demonstrated foster care goal of adoption was in child’s best interests T.T.A.C, a Minor, by her Court-Appointed Attorney v. Harrisonburg-Rockingham Social Services Dist. No error in trial court’s finding that child was a child in need of services in order for her to receive the stability necessary to the child’s condition or in its finding evidence demonstrated foster care goal of adoption was in child’s best interests Terrell Dewayne Garnett v. Commonwealth of Virginia Trial court abused its discretion in admitting text messages from cell phone where evidence was insufficient to establish a foundation for the admissibility of those text messages Tyvon Lee Conyers, a/k/a T.Y.

Commonwealth of Virginia Court is unable to reach merits of argument regarding Commonwealth’s hearsay objection during officer’s cross-examination where appellant’s proffer of officer’s earlier testimony was incomplete or inadequate; no error in finding that the abduction of the victim was not incidental to the robbery Darryl Lamont Hawkins v. Commonwealth of Virginia Trial court erred in denying appellant’s motion for mistrial based on comments made by the Commonwealth’s Attorney during closing argument; conviction of promoting or preparing for dogfighting reversed and remanded to trial court for further proceedings consistent with Court’s opinion Gerald E. Commonwealth of Virginia Trial court did not err in admitting into evidence two prior conviction orders that were probative of appellant’s fraudulent intent or in finding appellant possessed a fraudulent intent at the time he accepted the victims’ deposit check Goldkress Corp., et al.

Orthopaedic and Spine Center No error in Commission’s finding that contract at issue was ambiguous; Commission erred in applying subsection (b) of Attachment A-2 of contract at issue rather than subsection (a) Orthopaedic and Spine Center v. Goldkress Corp., et al.

No error in Commission’s finding that the anti-assignment provisions of Illinois law did not invalidate contract at issue or in finding appellees did not waive its rights to rely on contracts at issue Archie Lavance Simmons v. Commonwealth of Virginia No error in trial court’s denial of appellant’s motion to dismiss on speedy trial grounds where appellant’s counsel acquiesced in the continuance of the jury trial when he failed to clearly object to the continuance, which tolled the time period for speedy trial purposes Jennifer Yvonne Kelley v. Monticello Area Community Action Agency, et al Commission did not err in denying appellant’s claim for benefits where no de facto award existed and appellant did not prove her injury arose out of her employment Commonwealth of Virginia v. Lamont Sentel Stallings Trial court did not err in granting appellee’s motion to suppress where it made a credibility determination rejecting officer’s testimony concerning appellee’s driving behavior and there was evidence to support that conclusion David Louis Volpe v. Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to prove appellant knowingly possessed the cached images found on his computer Clarence Epps, Jr.

Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to prove appellant obstructed the officer in the performance of his official duties as a law enforcement officer Darci A. Reilly Trial court erred in refusing to reconsider its incorporation of a “Consent Order” into the final order over appellant’s objection and request for a de novo hearing; in awarding attorney’s fees to appellee as a punitive measure; and in delegating to the guardian ad litem authority to unilaterally alter visitation Frank Small v. Commonwealth of Virginia Evidence was sufficient to prove appellant’s words and acts intimidated the victim sufficiently to cause him to part with his money that appellant demanded; conviction of robbery affirmed Rupert Bernard Bonhotel v. Michelle Jane Jones Watts Trial court erred in ordering parties to comply with counselor’s recommendations; any error of trial court in conducting in camera review harmless; argument regarding whether exhibit was hearsay or whether its admission was required pursuant to pretrial scheduling order waived Chris Durene Harper v.

Commonwealth of Virginia Evidence was insufficient to support one of appellant’s three abduction convictions and the corresponding conviction of use of a firearm in the commission of a felony Antonio Mandell Morris v. Commonwealth of Virginia Trial court did not err in denying appellant’s motion to suppress or in finding that evidence was sufficient to prove appellant’s knowing possession of the heroin Susan Colbert Medwid v. Commonwealth of Virginia Appellant’s conviction of felony hit and run affirmed where appellant failed to provide her identifying information to either law enforcement or the victim, as required by Code § 46.2-894 Marcus Keon Ruffin v.

Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to prove the specific intent for felony destruction of property Michael Forrest Kovach v. Commonwealth of Virginia Trial court erred in denying motion to strike possession of child pornography charges based on evidence from the unallocated space on the desktop and in the thumb cache on the laptop; trial court did not err in denying motion to strike possession of child pornography charge on desktop using collection zip file or distribution of child pornography charges Angelique Teresa Shelley v. Commonwealth of Virginia No error in trial court’s finding that picnic table where drug sale took place was readily accessible to the public and “open to public use” as required by Code § 18.2-255.2(A)(2) Shayquan Quantae Marshall v. Commonwealth of Virginia Trial court did not err in denying appellant’s motion to suppress where any deviation from the traffic stop was de minimis and falls within the good faith exception to the exclusionary rule Carlun Fontaine Hart v. Commonwealth of Virginia Trial court erred in finding evidence sufficient to prove assault and battery where it based its finding on statements allegedly made by a witness that were never admitted at trial and which were contradicted by that witness’ actual testimony at trial Geoffrey Odell Ridley v.

Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to prove appellant stole the handgun from the victim and sold it to a felon Dorothy Elizabeth Cilwa v. Commonwealth of Virginia Trial court erred in finding appellant violated her probation and revoking her suspended sentences where the trial court lacked jurisdiction Lashonda Marie Mott v.

Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to support appellant’s convictions of felony child neglect where appellant left her young children without adequate supervision for an extended period of time Chelsea Nicole Coston v. Commonwealth of Virginia Conviction of petit larceny, third offense affirmed where predicate offenses must occur before date of present offense, but the conviction for the predicate offenses need not predate the current offense Arsenio Mojares v. RK Chevrolet, Inc.

And VADA Group Self-Insurance Association No error in Commission’s denial of appellant’s claim for medical benefits where appellant failed to establish the requisite causal connection between his employment and his accident Thaddeus Anthony Ruane v. Cynthia Ann Ruane Trial court did not err in awarding spousal support and attorney’s fees and costs to appellee; trial court erred in incorporating the parties’ 2010 separation agreement into the pendente lite order and amount of award of spousal support to appellee and equitable distribution of appellant’s military retirement pension reversed and remanded to trial court Jamir Jordan v. Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to prove appellant was guilty of aggravated malicious wounding and that appellant acted as a principal in the second degree in the aggravated malicious wounding of the victim Dano Joseph Armstrong, Jr.

Commonwealth of Virginia Trial court did not err in denying appellant’s motion to vacate where appellant testified at the suppression hearing and that testimony was offered into evidence at trial and the trial court was entitled to rely upon defense counsel’s representation that appellant was presenting no further evidence Dae C. Virginia Board of Accountancy Decision of trial court affirming appellee’s determination affirmed in part and reversed in part and remanded to trial court for remand to appellee for further proceedings Christian A.

Von Hassell v. Elizabeth Von Hassell Final decree of trial court regarding equitable distribution, spousal support, and contempt findings affirmed in part, reversed in part, and remanded to the trial court Dale Smith, a/k/a Dale C. Commonwealth of Virginia Trial court erred in finding it was divested of jurisdiction to hear appellant’s motions to withdraw as counsel and to withdraw his guilty plea because appellant had filed a notice of appeal before filing the motions; remanded to trial court for a hearing on those motions J.V., a Minor, by her Mother and Next Friend, Anette H.

Veldhuyzen v. Stafford County School Board Court finds assignments of error waived for appellant’s significant failure to comply with the rules of court Dale Smith, a/k/a Dale C.

Commonwealth of Virginia Trial court erred in finding it was divested of jurisdiction to hear appellant’s motions to withdraw as counsel and to withdraw his guilty plea because appellant had filed a notice of appeal before filing the motions; remanded to trial court for a hearing on those motions William Thomas Johnson, II v. Commonwealth of Virginia Trial court erred in denying appellant’s motion to suppress where the time between the K9 officer’s arrival until the time appellant confessed and was arrested was not de minimis for Fourth Amendment purposes and the continued seizure of appellant violated the Fourth Amendment David Allen Peters v. Commonwealth of Virginia No error in trial court’s finding that appellant initiated contact with the victim in violation of the protective order and that the conduct amounted to stalking and violated the protective order Christian Luke Riddle v. Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to prove appellant possessed with intent to distribute an imitation controlled substance Rosangela Spradling v. Commonwealth of Virginia Trial court did not abuse its discretion in imposing a fifteen-year sentence on appellant as it did not exceed the statutory guidelines; appellant’s argument regarding constitutionality of Code § 19.2-298.01(F) is barred by Rule 5A:18 Jessica Lynn Kumar v.

Sanjeev Kumar Trial court did not abuse its discretion by incorporating the parties’ property settlement agreement into the final decree with the exception of the date appellee was to begin paying child support or in finding the August 27, 2015 hearing was not a proceeding on the issue of determining child support Arnold Raphael Eason, s/k/a Arnold R. Commonwealth of Virginia No reversible error in trial court’s denial of appellant’s motion to present demonstrative evidence; evidence was sufficient to find appellant was the criminal agent, had the specific intent to kill, the abduction was not intrinsic to the robbery, and abducted one of the victims with the intent to extort money or pecuniary benefit Adrian Saunders v. Commonwealth of Virginia No error in appellant’s conviction of perjury where it had sufficient evidence to establish the materiality of appellant’s testimony and to corroborate witness’ testimony Roy Edward Haley v. Commonwealth Virginia Trial court did not abuse its discretion in admitting blood analysis from blood sample taken from appellant by nurse, where, by reason of her status as a registered nurse, she was authorized to withdraw blood for use in a DUI prosecution Barry Keith Ashworth v. Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to prove appellant acted with the intent to maim, disfigure, disable or kill victim based on circumstances of attack Timothy Raymond Carter v. Commonwealth of Virginia Trial court did not err in denying appellant’s motion for a mistrial and a new trial; no reversible error in trial court’s decision to declare a witness hostile and adverse; evidence was sufficient to support appellant’s convictions of second-degree murder and use of a firearm in the commission of a murder Florida Velazquez v. Prince Edward County Department of Social Services Summary affirmance – no error in trial court’s finding that termination of appellant’s parental rights to her children was in their best interests Commonwealth of Virginia v.

Markcus Anthony White Trial court did not err in dismissing charge against appellant where Commonwealth missed the speedy trial deadline Floyd William Logan, IV v. Commonwealth of Virginia No error in trial court’s finding that appellant premeditated his daughter’s murder and caused her fatal injuries William Lee Whiting v. Commonwealth of Virginia No error in trial court’s finding that incidental detention doctrine does not apply in this case and evidence was sufficient to prove attempted abduction; trial court erred in revoking appellant’s suspended sentence without affording him a revocation hearing Jonathan Mark Karika v.

Commonwealth of Virginia Trial court had subject matter jurisdiction over this matter where Article 1, Section 8 of the Virginia Constitution was complied with; no reversible error in trial court’s decision to sustain Commonwealth’s objection to the admissibility of the 911 recording after finding the recording was hearsay Anthony R. Muller Decision of trial court allowing appellee and parties’ children to move to Front Royal affirmed where some issues are barred by Rule 5A:18 and trial court’s findings that appellee’s relocation was not for an improper purpose and that appellant’s relationship with children could be substantially maintained despite move Horace Thompson Owens, Jr.

Commonwealth of Virginia Denial of appellant’s motion to withdraw his guilty pleas reversed where appellant was denied his constitutional right to be represented by counsel at the hearing on his motion Karen Bonsack v. Michele Gregory Trial court erred in granting appellee’s “Motion to Dismiss and for Summary Judgment” where appellant’s petitions for visitation should have been resolved on the merits during the already scheduled trial Karen Bonsack v. Michele Gregory Trial court erred in granting appellee’s “Motion to Dismiss and for Summary Judgment” where appellant’s petitions for visitation should have been resolved on the merits during the already scheduled trial Davianta Malik Grandy v. Commonwealth of Virginia Trial judge did not abuse her discretion in denying appellant’s motion to recuse her from his sentencing hearing or to declare a mistrial based on her alleged bias Corey Nishawn Dagner v.

Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to prove appellant was aware of the presence and character of the firearm and exercised dominion and control over it Justin Lee Lunceford v. Commonwealth of Virginia Trial court erred in finding evidence was sufficient to prove the victim of the abduction was detained through intimidation where record does not support reasonable inference that the victim’s fear of bodily harm overrode her ability to leave Marques Lavar Moulds v. Commonwealth of Virginia Trial court erred in refusing to admit prior inconsistent statements of victim for impeachment purposes Andrew C. Stephens, s/k/a Andrew Charles Stephens v.

Commonwealth of Virginia No error in appellant’s conviction of aggravated malicious wounding where evidence did not contain a reasonable theory of innocence, excluded all hypotheses other than abusive head trauma and that appellant was the cause of that trauma, and that appellant acted with requisite malice; appellant failed to proffer expected answers from his witness regarding biomechanics Steven Echevarria v. City of Chesapeake No error in Commission’s denial of benefits as appellant did not prove his accident arose out of his employment where he failed to prove a defect in the stairway or a condition of his employment caused his injury Billy Joe Maurice v. Commonwealth of Virginia No error in trial court’s finding that the abduction or detention of the victim was separate and apart from the sexual offenses Wayne Gibson Weis, Jr. Commonwealth of Virginia Trial court did not abuse its discretion in refusing to strike juror for cause where it had opportunity to observe juror’s demeanor, to hear his responses, and to form an opinion as to whether juror had a fair, impartial, and open state of mind Steven Cornelius Rogers v. Commonwealth of Virginia No reversible error by trial court in admitting sentencing information contained in orders introduced to prove prior convictions where jury was given a curative instruction, overwhelming evidence established appellant’s guilt, and procedural posture of case lessened any prejudicial effect Liza Marie Pence v.

Gregory Allen Pence Judgment of trial court regarding equitable distribution affirmed in part and reversed in part and remanded to trial court Gregory Allen Pence v. Liza Marie Pence Judgment of trial court regarding attorney’s fees and denial of spousal support affirmed Michael Ray Jennings v.

Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to prove appellant entered the victim’s home with intent to interfere with her right to enjoy her home free from interference Gregory Allen Pence v. Liza Marie Pence Judgment of trial court regarding child support reversed and remanded to trial court Valerie Jill Rhudy Minor v. Barrett Decision of trial court to vacate juvenile court order and dismiss appellant’s motion to amend reversed and remanded to trial court for a hearing de novo; decision of trial court to allow appellant’s husband, an attorney, to represent appellant at hearing affirmed Eddie Cisneros v. Arlington County Department of Human Services Summary affirmance – trial court did not err in dismissing appellant’s appeal for lack of jurisdiction where appellant’s motion did not comply with statutory scheme to terminate his parental rights and approve goal of adoption Timothy Wayne Wooddell, Jr.

Harrisonburg-Rockingham Social Services District No error in trial court’s finding that termination of appellant’s parental rights to two of his children was in their best interests Amanda Osborne Wooddell v. Harrisonburg-Rockingham Social Services District No error in trial court’s finding that termination of appellant’s parental rights to two of her children was in their best interests Virginia Department of Corrections v. Tammy Estep Trial court erred in concluding it had no authority to construe the meaning of the hearing officer’s decision and to make factual findings regarding whether appellant complied with the hearing officer’s decision by offering appellee “comparable” positions Lawrence A.

Kesser Appeal dismissed where appellant was the prevailing party below, not an aggrieved party pursuant to Code § 17.1-405, and lacked standing to appeal the trial court’s decision Kara Natonia Thomas v. Hallmark Systems, Inc. And LM Insurance Corporation Summary affirmance – Commission did not err in denying appellant’s claim for permanent partial disability The TJX Companies, Inc/Marshall's, et al v.

Byron Howcott, et al Summary affirmance – no error in Commission’s finding that appellants, as appellee’s statutory employer, were responsible for appellee Howcott’s workers’ compensation benefits Abdul Hakim Grant v. Commonwealth of Virginia Appellant’s issue raised on appeal regarding whether trial court erred by denying his motion for a mistrial waived on appeal where appellant failed to timely move for a mistrial Kondwani Grady v.

Commonwealth of Virginia Trial court did not abuse its discretion in admitting officer’s testimony about the appellant’s admission of guilt where the challenged evidence was properly authenticated and admissible under the admission of a party opponent exception to the rule against hearsay Anastasia Chand v. Joshua Chand Summary affirmance – trial court did not err in granting appellee’s demurrers and denying appellant’s petitions to dissolve adoptions where trial court correctly held it did not have jurisdiction to dissolve the adoptions Alan Stanley Petersen v. Tina Robertson Petersen Summary affirmance – trial court did not err in denying appellant’s motion for visitation and ordering that he have no contact with the child Gerald Deandre Lewis v. Commonwealth of Virginia Evidence was sufficient to support appellant’s conviction for possession of marijuana with intent to distribute where appellant possessed a large amount of marijuana, the manner in which it was packaged was inconsistent with personal use, and appellant possessed a large amount of cash Andrea Rochelle Fripp-Hayes v. Commonwealth of Virginia Evidence was sufficient to support appellant’s conviction of obstruction of justice where her behavior completely precluded officer from carrying out his investigation and established that she acted with the intent to obstruct Robert Clark Wagner v. Diane Louise Wagner Trial court did not err in finding that appellee’s deception did not constitute an adequate ground to set aside the 1999 final divorce decree or in ordering appellee to pay $2000 of appellant’s attorney’s fees Ulysses Blanding, Jr. Commonwealth of Virginia No reversible error in trial court’s refusal to admit testimony from appellant’s psychiatrist where any memory lapse about the incident did not tend to prove appellant did not commit the murder and there was extensive direct and circumstantial evidence linking appellant to the murder Paula Harris and James Harris v.

Clarke County Department of Social Services Summary affirmance – trial court did not err in dismissing appellants’ petition for custody of their great-grandson where it found it was not in child’s best interest to be placed with appellants and appellants were not a suitable placement for child Gary Stephen Hankins v. Commonwealth of Virginia Any error by trial court in admitting officer’s testimony about his interview with the victim was harmless where that testimony was largely cumulative and there was other considerable evidence of appellant’s guilt; trial court did not abuse its discretion in admitting text messages from the victim to appellant Andrew Lewis Watkins, Jr. Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to prove appellant committed an unlawful act when he struck the victim in the face with significant force causing the victim to fall and hit his head and ultimately caused the victim’s death Sabel M. Lincoln Trial court did not err in awarding primary physical custody of the parties’ child to appellee after properly taking into account all the factors set forth in Code § 20-124-3 Ivy Edwina Mooney v.

Newport News Department of Human Services Summary affirmance – no error in trial court’s finding that clear and convincing evidence proved termination of appellant’s parental rights to her child was in child’s best interest Lorenzo Atha Holley v. Commonwealth of Virginia Appellant’s sentence affirmed where implementation of sentencing guidelines is appropriately left to discretion of trial court and Court cannot afford relief for consideration of a fact that was part of the uncontested proffered evidence offered at guilty plea hearing Richard Yergovich v. Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to prove malice where appellant intentionally started the fire in his bedroom in his parents’ basement resulting in injury to his father, damage to the home, and destruction of property of others Raymond Joseph Shuler v.

Jeannie Marie Stedham Shuler Summary affirmance – trial court did not err in valuing appellant’s business based on appellee’s evidence where it was the only evidence of value presented to the trial court Ellett Richard McGeorge, III and Rhetta Moore Daniel v. Carolyn Tye McGeorge Judgment of trial court finding McGeorge in contempt of court for failing to pay child support and uninsured medical expenses summarily affirmed; appeal of sanctions and award of attorney’s fees to appellee imposed on Daniel dismissed for failure to comply with Rule 5A:20 Commonwealth of Virginia v. Stephen Lamar Garrick Trial court erred in suppressing evidence obtained from search of vehicle where totality of circumstances provided sufficient probable cause to support search; search of appellee’s person was justified by his arrest based on active warrant Brent David Taylor v.

Commonwealth of Virginia Trial court did not err in refusing to suppress appellant’s statements made prior to custodial interrogation or in denying appellant a rape shield hearing; trial court erred in refusing to suppress statements and written apology appellant made after he was subject to a custodial interrogation Jeronda Wilson v. City of Hampton Department of Social Services Summary affirmance – trial court did not err in approving foster care plans with goals of adoption Joseph William Melice v.

Commonwealth of Virginia No reversible error in appellant’s convictions of possession of oxycodone and possession of methadone where admission of officer’s limited testimony regarding content of text messages had no substantial influence on finder of fact Tobias Ogbanna Reed v. Commonwealth of Virginia Trial court did not err in issuing a subpoena duces tecum for phone records or in denying appellant’s motion to suppress and motion to quash Melinda Marie Biby, s/k/a Malinda Marie Biby v. Shenandoah Valley Department of Social Services Appellant’s argument regarding whether trial court erred in not speaking with her child over the age of fourteen waived; trial court did not err in denying appellant’s request for a court reporter where the record is sufficiently complete Melinda Marie Biby, s/k/a Malinda Marie Biby v. Shenandoah Valley Department of Social Services Trial court did not err in terminating appellant’s parental rights to her child where appellant’s substance abuse problems presented a serious threat to her child; trial court did not err in denying appellant’s request for a court reporter where the record is sufficiently complete Commonwealth of Virginia v. Stephen Allen Donald and Deoclecio Ronan Sampaio Trial court did not make an error of law in finding that the officers did not have reasonable suspicion to stop appellees for a suspected jaywalking violation J.K.N.

Commonwealth of Virginia No error in trial court’s finding that conditions of probation contained in juvenile court’s January 10, 2013 order were still in effect at time appellant left and remained away from her mother’s home in violation of those probation conditions Javonna Camp v. Fredericksburg Department of Social Services Summary affirmance – no error in trial court’s holding that appellant was sufficiently put on notice of the consequences of the termination proceedings Randy D. Cindy Lolita Johnson Summary affirmance - trial court did not err in declining to impute income to appellee for spousal support and child support purposes Basil Gaissert v. Jennifer Joanne Estrem Gaissert Summary affirmance - trial court did not err in awarding child support of the parties' adult son to appellee, awarding appellee a divorce on her complaint, and permitting appellee to pursue equitable distribution Prince William County Schools and VML Insurance Programs v. Adney Summary affirmance – no error in Commission’s finding that appellee sustained a compensable injury by accident to her head Barry Nelson Thomas, Jr. Commonwealth of Virginia Judgment of trial court granting Commonwealth’s motion in limine regarding excluding evidence concerning appellant’s use of suffix “El” affirmed The Fresh Market and XL Insurance America, Inc. Mankaruos Summary affirmance – no error in Commission’s award of medical benefits and two closed periods of temporary total disability benefits City of Danville v.

Larry Bobby Gene Barton Summary affirmance – no error in Commission’s finding that appellee’s benefits should not be terminated Republic Services of Virgina, LLC et al. Opoku Summary affirmance – no error in Commission’s finding that appellee sustained a compensable injury by accident and that his claim was not barred by willful misconduct Demetrius Arnez Holmes v. Commonwealth of Virginia Trial court did not err in refusing to strike potential juror for cause where record supports trial court’s finding that juror would follow trial court’s instructions based on her responses to trial court’s and attorneys’ questions Adrienne Pederson v. Pederson No error in trial court’s equitable distribution award where it was based on evidence in record and trial court appropriately considered statutory factors Miller Oil Company and Old Republic Insurance Co. Catherine Freeman No error in Commission’s decision allowing appellee to change her treating physician where it determined that appellee suffered a work-related injury and that treatment of that injury necessitated a change in medical provider Adrienne Pederson v.

Pederson Trial court’s entry of QDROs proposed by appellee affirmed Joseph Johnson v. Bearing Contracting t/a Bearing Masonry, et al. Summary affirmance – appellant’s failure to comply with Rules 5A:4 and 5A:20 is significant and Court will not consider his arguments Louisiana Chemical Dismantling Company and Great Divide Insurance Company v. Charles Russell, III Summary affirmance – no error in Commission’s finding that appellee was entitled to temporary total disability benefits from April 10, 2015 and continuing Justin B. Friedrichs v. Brown Trial court did not err in finding that appellant did not prove a material change in circumstances since the most recent custody and visitation order and that appellee was entitled to attorney’s fees and costs where appellant was responsible for prolonging the litigation Ciara Lashele Watkins v. Commonwealth of Virginia No error in trial court’s finding that the worthless check appellant wrote was issued to satisfy her obligation under the newly formed contract, not to pay an existing debt Dustin Crosby Kincaid v.

Commonwealth of Virginia Evidence was insufficient to prove a contemporaneous intent to distribute methamphetamine where appellant possessed only methamphetamine residue from a glass pipe Kathleen Ann McKenna v. Harple Summary affirmance – trial court did not err in imputing income to appellant, in refusing to award part of appellee’s retirement funds to appellant, and in awarding attorney’s fees to appellee Georgianna Lynn Ayers v. Lynchburg Department of Social Services Summary affirmance – no error in trial court’s finding that termination of appellant’s parental right to her child was in child’s best interests where appellant could not recognize and meet her child’s needs Sears and Ace American Insurance Company v. Patricia Baltian Summary affirmance – no error in Commission’s findings that appellee suffered a left knee injury in a compensable work accident and that the ongoing disability was causally related to the accident Robert Leroy Moore, IV v.

Commonwealth of Virginia Trial court did not err at sentencing in listening to and considering the contents of a jailhouse recording between appellant and his girlfriend Tiffany Byrd v. Petersburg Department of Social Services Appeal dismissed where orders appeal from were adjudicatory in nature and not final orders for purposes of appeal as they were not entered pursuant to Code § 16.1-278.2 Angela M.

Martin Trial court erred by not allowing appellant to present evidence regarding her relationship with the child and in concluding child never had a relationship with appellant Calvin E. Williams, Sr. Jacqueline Jacobs Williams Summary affirmance – judgment of trial court affirmed where appellant failed to provide an adequate appendix to enable Court to address his assignments of error Kathy Fitzgerald Harwood v. Buckingham County Department of Social Services Summary affirmance – no error in trial court’s finding that termination of appellant’s parental rights to her child was in child’s best interest Francene K. Meade (Sowards) v. Lenville Jessie Sowards Trial court erred in its decision concerning the valuation of appellant’s interest in appellee’s retirement benefits where it impermissibly modified the method by which appellant’s interest should have been calculated New Bell Truck Lines, Inc.

And Great West Casualty Company v. Danny Jenkins Summary affirmance - no error in Commission's finding that appellee was an employee and that appellee sustained a compensable injury by accident that arose out of his employment Bradford Lynorris Gaskins v. Commonwealth of Virginia Judgment of trial court affirmed as appellant waived his speedy trial claim an appeal due to the lack of an indispensable transcript David Gene Thorsted v. Commonwealth of Virginia Trial court did not err in denying motion to dismiss as appellant's right to a speedy trial was not violated Brando Clifton Carter, s/k/a Brando Scott Carter v. Commonwealth of Virginia Trial court erred in finding evidence sufficient to prove appellant agreed to distribute cocaine with any other individual Daniel Arceo v.

Department of Social Services Summary affirmance – in grievance appeal, no basis exists to conclude the hearing officer’s decision was contrary to law. Robert John Dodd v. Commonwealth of Virginia Motion for a mistrial was not timely made and was therefore waived; trial court did not abuse its discretion in denying motion for mistrial. Molchany, Guardian ad litem for J.S.D., a minor v. Candice Draughn Trial court did not abuse its discretion in awarding primary physical custody of child to appellee or in finding appellee purged her contempt; this Court does not have jurisdiction over trial court’s refusal to find a litigant in contempt Republic Services of Virginia, LLC and Indemnity Ins. John Morton Summary affirmance – no error in Commission’s finding that appellee’s claim for benefits was not barred by willful misconduct Keith Wayne Mabe v. Anita Karen Mabe Summary affirmance – trial court did not err in granting appellee divorce where appellant left the marriage with the intent to separate permanently, in refusing to issue appellant a credit for payments on the parties’ vehicle, or in refusing to give appellant a credit for a mortgage payment Marlene M.

Phitroy Gordon Summary affirmance – order of trial court awarding custody of parties’ child to appellee affirmed where arguments raised on appeal were not presented to trial court Fairfax County School Board v. Hall Summary affirmance – no error in Commission’s finding that appellee proved a compensable injury by accident and a causal connection between his disability and his injury Joshua Charles Moseley v. Commonwealth of Virginia Trial court erred in finding evidence sufficient to support appellant’s convictions of statutory burglary and grand larceny where evidence was insufficient to permit application of larceny and burglary inferences of criminal agency to presence of stolen items in vehicle and circumstantial evidence did not link appellant to the offenses beyond a reasonable doubt Ronald Redman, Jr. Roanoke City Department of Social Services Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child where appellant failed to make substantial progress towards elimination of the conditions leading to child’s placement in foster care and termination was in child’s best interest Shelia Renea O'Reilly v. Timothy Patrick O'Reilly Summary affirmance – no error in trial court’s order regarding child support and unreimbursed medical expenses of the children Sharnice Cromartie v. Hopewell Department of Social Services No error in trial court’s finding that there were no suitable relatives for placement of appellant’s children and that termination of appellant’s parental rights to her children was in their best interests William Thomas, III v. Elizabeth Faye Owens Thomas Summary affirmance – trial court did not err in its interpretation of the premarital agreement to the division of the parties’ property Cordell Lionel Carter v.

Commonwealth of Virginia Trial court did not abuse its discretion in limiting testimony regarding victim’s prior acts of violence and did not err in denying motion to set aside verdict where witness’ testimony was not material to the ultimate finding of guilt by the jury; argument regarding admission of evidence of victim’s threat to kill appellant barred by Rule 5A:18 Osteopathic Physicians of Charlottesville, Ltd., etc. Fluvanna Correctional Center, et al. Summary affirmance – no error in Commission’s determination of prevailing community rate for medical services provided by appellant Felicia Elizabeth Feaster v.

Harrisonburg Rockingham Social Services District Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child after finding appellant was unwilling or unable to remedy, within a 12-month period, conditions that resulted in child’s placement in foster care Osmand G. Commonwealth of Virginia Trial court did not err in denying appellant’s motion to suppress statements made after he was advised of his Miranda rights and physical evidence obtained from his scooter or in finding evidence was sufficient to support convictions Sheldon Lee Mongold v. Harrisonburg Rockingham Social Services District Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child after finding appellant was unwilling or unable to remedy, within a 12-month period, conditions that resulted in child’s placement in foster care Commonwealth of Virginia v. Ventura Linares Caballero Order of trial court suppressing statements made by appellee to officers affirmed where Commonwealth failed to timely file transcript of October 23, 2015 motions hearing and that transcript is indispensable for resolution of issues raised on appeal Christopher J. Bloodworth v. Commonwealth of Virginia No error in trial court’s finding that appellant was in the house damaging property and had taken and carried away valuable materials therein with the intent to permanently deprive the owners thereof Maurice Dontrell Boykins v.

Commonwealth of Virginia Trial court did not err in denying appellant’s motion to suppress where discovery of heroin occurred during a search incident to an unchallenged arrest for obstruction of justice Gregory Lewis, s/k/a Gregory David Lewis v. Lisa Lewis No error in trial court’s finding that parties’ agreement contained a drafting error resulting from a mutual mistake and regarding reformation of the agreement; trial court erred in awarding attorney’s fees to appellee Carrie E. Henrico Department of Social Services Summary affirmance – no error in trial court’s finding that termination of appellant’s parental rights was in child’s best interest where appellant had not substantially remedied conditions leading to child’s being in and remaining in foster care Richard Gitter v. Carrie Gitter Summary affirmance – no error in trial court’s award of expert witness fees and attorney’s fees to appellee Omar Stephens, a/k/a Joe Black Stephens v. Yulia Chrismon Summary affirmance – trial court did not err in finding appellant had notice of the hearing dates and in dismissing his appeal for his failure to comply with appellee’s discovery requests and his failure to sign the medical release form requested by the guardian ad litem Kenneth R. Commonwealth of Virginia Trial court did not abuse its discretion in admitting evidence of unadjudicated criminal activity during sentencing phase of the proceeding where it bore sufficient indicia of reliability Brionne Alexander Covil v.

Commonwealth of Virginia Trial court did not abuse its discretion in admitting two prior conviction orders where the orders unquestionably provide at least some proof of the prior convictions Lisa Meria May Gust v. Alexander Mark Gust Summary affirmance – trial court did not err in denying appellant’s motion for continuance or in finding prenuptial agreement was valid and enforceable; final decree of divorce affirmed The Estate of Floyd Ramsey Sims v. Pike Electric Inc.

And Liberty Insurance Corporation Summary affirmance – no error in Commission’s denial of benefits where the injuries by accident did not occur in the course of employment Phillip Dwayne Stiltner v. Pike Electric Inc. And Liberty Insurance Corporation Summary affirmance – no error in Commission’s denial of benefits where appellant’s injuries by accident did not occur in the course of his employment VCU Health Systems/Commonwealth of Virginia v. Karen George Summary affirmance – Commission did not err in finding appellant was not entitled to an evidentiary hearing, finding doctor was not the authorized treating physician for appellee, or in ordering appellant to provide appellee with a panel of pain management physicians Paul David Dayquan Lynch, Jr., a/k/a Paul David Lynch, Jr. Commonwealth of Virginia No error in trial court’s finding that evidence sufficiently established appellant’s possession of a firearm after having been previously convicted of a violent felony Lisa Meria May Gust v.

Alexander Mark Gust Summary affirmance – trial court did not err in denying appellant’s motion for continuance or in finding prenuptial agreement was valid and enforceable; final decree of divorce affirmed Steven Eugene Mascho, Jr. Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to prove appellant guilty of grand larceny where trial court could have reasonably disbelieved appellant’s and his father’s testimony and found that appellant absconded with the victim’s property Karen Elaine Bryant v.

Commonwealth of Virginia Trial court did not abuse its discretion in admitting evidence of appellant’s prior reports of sexual assault or err in finding evidence was sufficient to prove intended to mislead when she made the false report to a police officer Joshua Marcel Davis v. Commonwealth of Virginia Judgment of trial court affirmed where appellant never raised issue of delayed entry of order at pre-trial suppression hearing and Code § 19.2-254 precludes review unless issue is jurisdictional, trial court properly had jurisdiction, review of issue barred by Rule 5A:18, and as timing of order was procedural ends of justice exception does not apply Christopher Ray Ballard v. Commonwealth of Virginia Trial court erred in admitting hearsay testimony regarding unauthorized credit card activity from one of the victims-conviction of credit card fraud reversed and remanded to trial court; convictions of credit card theft affirmed Philip Allen Chambers v. Commonwealth of Virginia Trial court did not err in resolving conflicting testimony in Commonwealth’s favor when it credited testimony of officers over that of appellant and found shooting in appellant’s residence was intentional Joel Malik Hicklin v. Commonwealth of Virginia Trial court did not err in denying appellant’s motion to set aside verdict where no Brady violation occurred as victim’s pending charges in another jurisdiction were not favorable to appellant for impeachment purposes or in finding evidence sufficient to prove appellant possessed a firearm Kimberlee Dietz v. Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to prove appellant used an electronic communications system to procure or promote illegal activity with a minor and that appellant acted with lascivious intent Jamilla Burney-Divens v.

Community Corrections Administration/Commonwealth of Virginia No error in Commission’s findings that appellant failed to establish her injury arose out of her employment, that she did not prove an idiopathic condition, and that she failed to demonstrate her accident was caused by an actual risk of her employment Jody Chyenne Lambert v. Appomattox County Department of Social Services Summary affirmance – trial court did not err in finding termination of appellant’s parental rights to her child was in child’s best interests William Joseph Hughes v. Commonwealth of Virginia No reversible error in trial court’s decision to admit testimony from detective regarding motorcycle clubs and their culture where given cumulative nature of the testimony, circumstances limiting its prejudicial effect, and strength of Commonwealth’s case, its admission did not affect jury’s verdict Purcellville Motors, Inc. And Erie Insurance Exchange v. Jack Anthony Farr Summary affirmance – no error in Commission’s award of permanent partial disability benefits to appellee Cowarren Nathaniel Wiggins v. Commonwealth of Virginia No error in trial court’s finding that appellant possessed the marijuana with the intent to distribute it; trial court erred in finding evidence was sufficient to support felony child neglect conviction where evidence did not prove a reckless disregard for child’s life Robert Williams v.

Prince George Department of Social Services Trial court did not err in approving goal of adoption for appellant’s child where appellant had not substantially remedied situation that led to child remaining in foster care The Uninsured Employer's Fund v. Charlie Jeffreys No error in Commission’s finding that Annie Mosby was not appellee’s employer; Commission erred in finding that appellant waived its argument regarding whether Historical Society/Church was not appellee’s employer Robert Williams v. Prince George Department of Social Services Trial court did not err in terminating appellant’s parental rights to his child where evidence proved termination was in child’s best interest Mark Stadler v. Thyssenkrupp Elevator Corporation and Indemnity Insurance Company of N.

America No error in Commission’s finding that appellant failed to establish that his right shoulder injury was causally related to his falls Anthony E. Buisset, s/k/a Anthony Earl Buisset v. Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to prove value of stolen trailer tongues was $200 or more Tanita Everett, s/k/a Tanita Monique Everett v. Commonwealth of Virginia Trial court did not abuse its discretion in allowing Commonwealth to impeach its witness with her prior inconsistent statements Curtis Dwayne Brockington v. Commonwealth of Virginia No error in trial court’s finding that appellant knowingly failed to reregister as a sex offender Johnnie Alphonzo Garland v. Commonwealth of Virginia Appellant’s argument that jury was not instructed on simple possession and could not convict him of that offense barred by Rule 5A:18 and ends of justice exception does not apply where jury did receive instruction on essential elements of possession of cocaine Cary Daniel Parsons v.

Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to prove appellant had been convicted of two prior DUI offenses in the preceding ten years Robert Lynn McDaniel v. Ginny White Griffith Trial court erred in finding appellant was in breach of contract by hiring a contractor to perform construction on home without appellee’s input where such input or approval was not contemplated by the parties to the contract Morrison Comprehensive Learning Center, LLC v. Virginia Department of Medical Assistance Services Trial court did not err in upholding appellee’s determination that appellant was overpaid for services provided to Medicaid patients and that appellee was entitled to repayment for appellant’s failure to adequately document services Susan E. Commonwealth of Virginia, et al.

Summary affirmance – appellant’s arguments raised on appeal waived where appellant failed to comply with Rule 5A:25 and filed an inadequate appendix that failed to include several significant documents necessary for addressing her assignments of error Deljuan Curry v. Hopewell Department of Social Services Trial court did not err in finding termination of appellant’s parental rights to his children was in their best interest after finding one of the children was subjected to aggravated circumstances under Code § 16.-283(E)(iv) Keith Jerome Anderson v.

Commonwealth of Virginia Revocation of appellant’s suspended sentence affirmed where appellant waived his hearsay objection by admitting hearsay of same character himself, behavior which may not support a conviction may suffice to justify revocation, and trial court’s decision to revoke suspended sentence not plainly wrong or without evidence to support it Miguel Angel Cabanez v. Prince William County Department of Social Services Summary affirmance – trial court did not err in consolidating appellant’s case with the case for the children’s mother or in finding evidence was sufficient to terminate appellant’s parental rights to his children Vincent Edward Gonzales v. Commonwealth of Virginia Trial court erred in denying motion to suppress items seized under authority of search warrant obtained after an unlawful protective sweep revealed a firearm and suspected cocaine Virginia Employment Commission v. Cole No error in trial court’s finding that appellant’s delayed determination of appellee’s ineligibility for benefits violated the statutory requirement that appellant act promptly and that the failure to act promptly results in appellant’s order that appellee repay her unemployment benefits is void and unenforceable Karen Stanton v.

Alexandria Department of Community and Human Services Summary affirmance – no error in trial court’s finding that appellant termination of appellant’s parental rights to her children was in their best interest where appellant was unable to substantially remedy situation which would have enabled return of children to her Wilbert Francisco Laveist v. Laveist Summary affirmance – final decree of divorce entered by trial court awarding divorce to appellee affirmed Federal Express Corporation v.

Lashawn Rodgers Summary affirmance – Commission did not err in affirming decision of deputy commissioner reinstating temporary total disability benefits and awarding appellee a prescribed hot tub United Parcel Service, Inc. And Liberty Insurance Corporation v.

Anita Hall Summary affirmance – no error in Commission’s finding that the current treatment for the appellee’s left shoulder was casually related to the compensable work accident Edwin Reyes v. Bollinger Construction, Inc. And Zurich American Insurance Company Summary affirmance – no error in Commission’s finding that appellant was not an employee of a subcontractor of Bollinger Construction Brian Hale, s/k/a Charles Brian Hale v. Russell County Department of Social Services Summary affirmance – trial court did not err in finding evidence was sufficient to support finding that termination of appellant’s parental rights to his child was in child’s best interest Jessica Fields, s/k/a Jessica Faith Fields v. Russell County Department of Social Services Summary affirmance – no error in trial court’s finding that evidence was sufficient to prove termination of appellant’s parental rights to her child was in child’s best interest Bryon Ward Possich v.

Shyheim The Greatest Story Never Told Raritan there. Commonwealth of Virginia No error in appellant’s convictions of two counts of taking indecent liberties with a child where the jury found the testimony of the witnesses was reasonable and not plainly wrong and that testimony supported the convictions Wayne Scott Cahoon v. Commonwealth of Virginia No error in trial court’s findings that based on the expert testimony and circumstantial evidence appellant possessed morphine with the intent to distribute it and conspired with his brother to distribute controlled substances Lonnie Hodges v.

Virginia International Terminals and Continental Casualty Co. Summary affirmance – appellant’s failure to comply with Rules of Court is significant and Court cannot consider appellant’s appeal Alberto Gomez v. Garcia Construction Company, Inc.

And American States Insurance Company No error in Commission’s determination that appellant failed to file a proper claim for permanent disability benefits prior to the expiration of the statute of limitations where appellant’s letters did not constitute a claim Kevin Leon Smith v. Commonwealth of Virginia Trial court did not err in finding that appellant’s waiver of counsel was knowing and voluntary and in allowing him to represent himself at trial Harold Donnell Livingston v.

Commonwealth of Virginia Trial court did not err in denying appellant’s motions to strike where evidence was sufficient to prove an agreement between appellant and another to sell drugs Rashad A. Hartridge, Sr. Commonwealth of Virginia No error in trial court’s evaluation of prosecutor’s credibility regarding peremptory strikes of two black members of the venire Victoria Elizabeth Dufresne v.

Commonwealth of Virginia Petition for Rehearing En Banc granted Tammer Chisholm v. Pariser Dermatology Specialists, Ltd.

And Hartford Insurance Co. Of Midwest Summary affirmance – decision of Commission affirmed where appellant failed to include necessary documents in appendix and Court is unable to ascertain whether appellant raised issues presented in assignments of error below Jack Stayner v. Harrisonburg Rockingham Social Services District Judgment of trial court dismissing appellant’s petitions for custody of his two grandsons affirmed Bryant Terrell Martin v. Commonwealth of Virginia Any error by trial court in denying appellant opportunity to cross-examine a witness regarding her pending felony charges and in refusing to redact sentencing information from the order used to establish appellant’s prior felony conviction harmless; conviction of possession of a firearm by a violent felon affirmed Matthew T.

Bailey Trial court erred in finding the reduction in appellant’s income did not constitute a material change in circumstances not reasonably contemplated by the parties when they negotiated their settlement agreement Christopher T. Takacs Trial court abused its discretion in approving relocation of the appellee and children to another state without determining whether relocation will substantially impair the relationship between appellant and the children and in awarding attorney’s fees to appellee where it was not reasonable under the circumstances of this case Nina Marie Jirinec v. Vladimir Jirinec Trial court erred in classifying and valuing Walter Reed Drive property, in distributing sales proceeds from Rio Drive property, and excluding appellee’s income from buying and selling real estate for child support purposes; trial court did not err in awarding limited attorney’s fees to appellant Commonwealth of Virginia v. Robert Malick, s/k/a Robert William Malick Trial court did not err in granting motion to suppress certain statements made by appellee where they were elicited in a manner that violated appellee’s Fifth Amendment rights and exclusion of those statements was the proper remedy Commonwealth of Virginia v.

Sharonda Monique Gaiters Trial court erred in granting motion to suppress evidence found by officers where officer had reasonable suspicion based on the concerned citizen’s tip and his confirmation of the substance of the tip that appellee was possibly dealing narcotics and it was permissible to detain appellee while officer investigated to confirm or dispel his suspicion Scott Christman Miles, etc. Commonwealth of Virginia Trial court did not err in allowing expert’s testimony where that testimony provided the jury with a specialized perspective of the crime scene and the victim not a suggestion of the profile of the perpetrator Roto-Rooter Services Company and Zurich American Insurance Company v. Eugenio Abraham Murga, Sr.

Summary affirmance – no error in Commission’s finding that evidence was sufficient to prove injuries appellee sustained on July 6, 2014 were casually related to an injury by accident arising out of his employment on May 21, 2008 United Airlines, Inc. Bryan Andrew Taylor Commission erred in finding evidence proved appellee’s injury arose out of his employment Debra La'Shaun Blocker v. Lynchburg Department of Social Services Summary affirmance – trial court did not err in terminating appellant’s parental rights to two of her children even though appellee did not offer appellant inpatient treatment Huy K. Ngo Summary affirmance – no error in trial court’s order awarding appellee child support and establishing arrears Michael Bellflower v. Hopewell Department of Social Services Trial court did not err in terminating appellant’s parental rights to two of his children and approving foster care plans with goal of adoption where appellant was still not able to provide adequate shelter and food for the children Commonwealth of Virginia v.

Jevon Glenn Augustus, Sr. Trial court did not err in finding that police lacked a reasonable suspicion that the defendant was involved in a drug transaction; ruling on motion to suppress affirmed Tara Lynne Martini v. Commonwealth of Virginia Trial court did not err in denying appellant’s request for a court reporter where audio recordings of the hearings together with the statement of facts served the same function as a transcript, in denying appellant’s motions to suppress; evidence was sufficient to support appellant’s conviction of DWI, second offense within ten years Charles Lamaar Sharp v.

Commonwealth of Virginia Trial court erred in finding Commonwealth proved appellant’s identity theft charge occurred in the City of Richmond Tamim M. Ibrahimi Trial court did not err in awarding attorney’s fees to appellee Selena Angela Gudino v. Dennis Eli Gudino Summary affirmance – order regarding custody and visitation of parties’ minor children affirmed Franklin Whitfield Jackson v. Commonwealth of Virginia No error in trial court’s finding that evidence presented established that appellant made an offending statement to the victim either directly or while speaking to her brother within her earshot and that appellant invited victim to enter his vehicle for purpose of engaging in sexual activity; conviction of taking indecent liberties with a child affirmed Tara Shantell Robertson v. Roanoke County Department of Social Services Summary affirmance – no error in trial court’s finding that termination of appellant’s parental rights to her children was in their best interests Stephen Michael Blanton v. Commonwealth of Virginia Trial court did not err in denying appellant’s motion to suppress evidence recovered from a traffic stop where appellant’s waiver of his Fourth Amendment rights in a previous plea agreement was valid as it applies to appellant’s seizure in this case Tony Garcia, a/k/a Eddy Alvarez, s/k/a Eddy S.

Commonwealth of Virginia No error in trial court’s decision to admit bond recognizance form as it was relevant and admissible; evidence was sufficient to support jury’s conclusion that appellant willfully failed to appear James Lelin Salmons v. Commonwealth of Virginia Trial court erred in concluding two counts of aggravated sexual battery were part of a common scheme and in joining the cases for trial; convictions reversed and remanded to trial court for new trials Anthony Lamont Purvis v.

Commonwealth of Virginia Trial court did not err in denying appellant’s motion to suppress where search of appellant’s person was justified as a search incident to arrest and the search of appellant’s vehicle was consensual Dominic L. LLI Enterprises, Inc. And Travelers Indemnity Company Summary affirmance – appellant’s failure to comply with Rule 5A:20 is significant and Court will not consider issues raised on appeal Hugo Quisque v. Commonwealth of Virginia No error in jury’s conclusion that the victim was asleep and physically helpless at the time of the unwanted sexual contact; conviction of rape affirmed Dominic L. LLI Enterprises, Inc. And Travelers Indemnity Company Summary affirmance – appellant’s failure to comply with Rule 5A:20 is significant and Court will not consider issues raised on appeal Faith R. Department of Human Resource Management, et al.

Summary affirmance – no error in trial court’s decision dismissing appellant’s petition for judicial review Elizabeth A. Foster Summary affirmance – trial court did not err in awarding physical custody of the parties’ children to appellee Larry Darnell Borden, s/k/a, etc. Roanoke County Department of Social Services No error in trial court’s finding that termination of appellant’s parental rights to his children was in their best interest Rosendo E.

Commonwealth of Virginia Appellant’s conviction of rape affirmed where appellant waived his claims that trial court erred by refusing to conduct an in camera review of items in possession of Commonwealth and that trial court erred in quashing a subpoena duces tecum Sara Logan Howe v. Albemarle County Department of Social Services Trial court did not err in approving the foster care plan with the goal of adoption for appellant’s child Sara Logan Howe v. Albemarle County Department of Social Services Trial court did not err in terminating appellant’s parental rights to her child where appellant did not substantially remedy conditions that initially necessitated foster care placement of child Jacques Beim v.

Roanoke County Department of Social Services No error in trial court’s findings that children were abused and neglected because they faced an imminent threat to life or health and that there was no less drastic alternative than removal and placement in foster care Donnell M. Chesapeake Department of Human Services Summary affirmance – no error in trial court’s finding that termination of appellant’s parental rights to his children was in their best interests Jannifer Spruill v. Chesapeake Department of Human Services Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children where trial court found termination was in best interests of children Sylvester Matthew Cheatham v.

Commonwealth of Virginia Trial court did not err in refusing appellant’s proffered instruction on self-defense where he was not entitled to that instruction where the degree of force used was not reasonable in relation to the harm threatened by victim; no reversible error in trial court’s permitting Commonwealth to pose leading questions to witness Santino Wolfe v. Commonwealth of Virginia Trial court did not err in admitting certificates of analysis as any doubts as to chain of custody went to the weight of the evidence, not its admissibility, in refusing to set aside the verdicts for insufficient evidence, or in refusing to set aside the jury’s verdicts as inconsistent Chris V. Smalls Summary affirmance – appellant’s arguments raised on appeal waived for failure to comply with Rule 5A:20 Victoria Elizabeth Dufresne v.

Commonwealth of Virginia Trial court erred in denying appellant’s motion to set aside the verdict and finding her guilty of grand larceny where grand larceny is not a lesser-included offense of robbery; matter remanded to trial court for further proceedings for petit larceny if Commonwealth be so advised Gregory L. Allen Spaulding v. Commonwealth of Virginia Trial court erred in denying appellant’s motion to suppress where the Commonwealth failed to provide any facts to support a constitutional basis for the warrantless search of appellant’s pants’ pockets Brian Grogan v. Virginia Airlink, LLC and Uninsured Employer's Fund Summary affirmance – no error in Commission’s finding that appellant was not entitled to disability and medical benefits because he was not an employee of appellee Deslannee Barksdale v. Manassas City Department of Family Services Summary affirmance – termination of appellant’s parental rights to her child affirmed where appellant’s failure to challenge the termination under Code § 16.1-283(C)(2) renders moot her challenge to the termination under Code § 16.1-283(B) Vanessa Earls v.

Virginia Beach Department of Human Services Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child where evidence was sufficient to find appellant failed to remedy conditions leading to child’s placement in foster care and that termination was in child’s best interest Ashly Nicole Brown v. Marvin Williams and Sandra Williams No error in trial court’s finding that appellant’s consent to the adoption was being withheld contrary to the best interests of the child; interlocutory order of adoption affirmed Teresa A. American Capital Funding, LLC and Maryland Casualty Company Summary affirmance – no error in Commission’s finding that appellant failed to prove she suffered from the occupational disease of carpal tunnel syndrome or that she suffered a compensable injury by accident David L. Host Upon a Rehearing – child support provision of parties’ agreement is void as it seeks to prevent a court from exercising its power to decree child support Perry Edward Jones v. Lori Gates Jones Appeal of Military Retired Pay Qualifying Division Order entered by trial court affirmed in part and reversed and remanded to trial court in part; appeal dismissed in part as trial court had not entered a final order resolving dispute over attorney’s fees and costs at time of appeal Tyrone Williams v. Commonwealth of Virginia Trial court erred in finding it had venue over obstruction of justice charge where the entire offense was committed in City of Virginia Beach University of Virginia Medical Center v. Susan Jordan Trial court did not err in upholding the hearing officer’s decision reinstating appellee and awarding her back pay Al Chang Zhang v.

Shiao Yu Tung Summary affirmance – arguments regarding child support and monetary award waived; no error in trial court’s findings regarding award of attorney’s fees and costs and valuation of parties’ business US Airways Group, Inc. Marcia Morgan and Michael April, M. & Associates Summary affirmance – no error in Commission’s finding that medical treatment rendered by Dr. April was reasonable, necessary, and causally related to Morgan’s work accident and was authorized Tier 1, L.L.C. And Technology Insurance Company v. David Alberto Sandres-Sanchez Summary affirmance – no error in Commission’s finding that evidence was sufficient to prove appellee was an employee of Tier 1, not an independent contractor, when he sustained an injury by accident arising out of his employment The Uninsured Employers' Fund v.

Martinez Summary affirmance – Commission did not err in awarding appellee total disability and medical benefits after finding employer did not prove it had less than three employees regularly in service Demetrius Tarpley v. Commonwealth of Virginia Rule 5A:18 bars consideration of appellant’s assignment of error where appellant’s argument on appeal was not made in trial court Samantha Irene Carrano v. Frank Albert Carrano Trial court erred in declining to assess attorney’s fees, holding appellee was required to provide health insurance for his stepson only if that insurance proved to be of little or no cost, and fashioning a purge plan that constituted an effective modification of the parties’ agreement Commonwealth of Virginia v. Derrell Renard Brown Trial court erred in granting appellee’s motion to suppress where the totality of the circumstances provided the officers with probable cause to arrest the appellee for trespassing and to search him incident to that arrest Coca-Cola Refreshments USA, Inc. And Indemnity Insurance Company of North America v. Craig Theimer Summary affirmance – no error in Commission’s award to appellee of medical and temporary total disability benefits for a lower back injury Emanuel Dale Ellis v.

Commonwealth of Virginia No reversible error in trial court’s decision to redact Facebook photo and exclude timestamp from evidence Russell J. And Commonwealth Contractors Group Self-Insurance Association Summary affirmance – Court will not consider appellant’s arguments on appeal due to his failure to comply with Rules 5A:4 and 5A:20 Charles Lee Belle v.

Belle Trial court erred in denying appellant’s motion to set aside the decision awarding the parties a divorce based on the uncorroborated testimony of the parties Bon Secours St. Mary's Hospital v. Jones, Director, et al. Trial court did not err in affirming decision of appellee with regard to initial certifications of six recipients and recertifications as to all recipients at issue; trial court erred in affirming decision of appellee with regard to initial certifications of three recipients Lotoria Carlos v.

Virginia Beach Department of Human Services Summary affirmance – no error in trial court’s finding that appellant’s child was at risk of abuse and neglect or in ordering that child’s paternal aunt have custody of child Karin Landry v. Atlantic Protective Services and Travelers Indemnity Company of America Summary affirmance – no error in Commission’s finding that appellant was not entitled to an award of temporary total disability benefits Dana Lowe v. Daikin Applied Americas and Travelers Indemnity Company of America Summary affirmance – no error in Commission’s finding regarding date appellant received notification of the diagnosis of her occupational disease or in its denial of her request for benefits for certain periods Donna Webb v. Tazewell County Department of Social Services Rule 5A:18 bars appellant’s argument that a procedural defect in the underlying petition to terminate her parental rights violated her due process rights; decision of trial court terminating appellant’s parental rights to her child affirmed Ciara Malaine Grindle v.

Virginia Beach Department of Human Services Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child HEI Hospitality and North River Insurance Company v. Veronica Almaraz, et al. Summary affirmance – no error in Commission’s award of medical benefits and temporary total disability benefits for an injury occurring on July 24, 2014 Michael Willis Johnson v. Commonwealth of Virginia Trial court did not err in denying appellant’s motion to suppress where it found appellant did not unambiguously assert his right to remain silent or in finding evidence sufficient to prove appellant knowingly possessed the oxycodone and had the intent to distribute the cocaine Curtis Leon Finley, a/k/a Lil Curtis v.

Commonwealth of Virginia Trial court did not err in refusing to require the Commonwealth to disclose certain evidence to appellant under Brady where appellant has failed to establish that the information he sought was favorable or that he suffered prejudice as a result of the Commonwealth’s suppression of it William Thaddeus Perry v. Commonwealth of Virginia No error in trial court’s finding that appellant acted with the requisite intent to prove he resisted arrest as defined by Code § 18.2-479.1 Andre Cordell Mason, Jr. Commonwealth of Virginia Trial court erred in allowing Commonwealth to present evidence during revocation hearing regarding allegations for which appellant had not received written notice Charles Curry, s/k/a Charles Jerome Curry v. Commonwealth of Virginia Revocation and imposition of appellant’s sentence affirmed where court, in 2013, had no authority to amend sentence imposed in 2007, that order was void ab initio, the revocation order did not “extend” appellant’s sentence, and appellant had adequate notice of the proceedings Christopher Dwayne Nelson v. Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to prove appellant had notice of his trial date and willfully failed to appear Stephone Amos Foreman v. Commonwealth of Virginia Trial court did not err in denying appellant’s motion to suppress evidence found as a result of a frisk where evidence was not found as a result of a frisk but rather in plain view after appellant was lawfully removed from the vehicle Shauntae D.

Portsmouth Department of Social Services Trial court did not err in terminating appellant’s parental rights to her children and approving the foster care plans with a goal of adoption after finding evidence was sufficient to prove termination was in children’s best interest Commonwealth of Virginia v. Charvelle Louis Collins Trial court erred in granting appellant’s motion to suppress where officer had reasonable suspicion to conduct traffic stop where officer suspected appellant’s music was plainly audible from a distance of fifty feet or more and was violating City of Richmond Code § 38-40 Maurice Alexander Williams v. Commonwealth of Virginia Trial court did not err in finding Commonwealth laid a proper foundation and admitting the surveillance videotape and allowing the witnesses to testify about the recording’s content; evidence was sufficient to prove appellant stole the merchandise Ashley Unger, s/k/a Ashley Michelle Unger v. Commonwealth of Virginia Trial court erred in ruling that “legal testimony” as used in Code § 18.2-459 refers only to argument and in denying appellant the opportunity to present evidence in the circuit court proceeding Gerald Henderson v. Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to prove appellant had the requisite intent to break and enter for the purpose of committing assault and battery and that he engaged in a direct but ineffectual act toward the crime’s commission Kathy F. Buckingham County Department of Social Services Summary affirmance – trial court’s foster care plan for appellant’s child affirmed where two of appellant’s issues are barred by Rule 5A:18 and one issue is waived where it is not addressed in appellant’s brief Joseph Michael Bista v.

Commonwealth of Virginia Decision of trial court finding venue was proper in the City of Williamsburg affirmed where it is undisputed that offense occurred within one mile of the City of Williamsburg boundary and Code § 19.2-250(A) allows venue in the City David Chad Spitler v. Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to prove appellant committed assault and battery of a family member based on testimony of victim and officer and photographs of victim’s injury Kathy F. Buckingham County Department of Social Services Summary affirmance – trial court’s foster care plan for appellant’s child affirmed where appellant failed to file a transcript indispensable to a determination of the issues raised with regard to this order Commonwealth of Virginia v.

Merari Acosta-Moreno Decision of trial court suppressing appellee’s statements reversed where trial court based its decision on an incorrect recollection of the testimony Christopher Scott Weberg v. Commonwealth of Virginia No error in trial court’s denial of appellant’s motion to dismiss for violation of his speedy trial rights where trial court correctly found Code § 19.2-243’s nine-month period applied Hamza Osman v. Commonwealth of Virginia Trial court did not err in denying appellant’s motion to suppress where officer had sufficient, objective facts and circumstances to reasonably conclude that appellant was driving under the influence and had probable cause to remove appellant from the vehicle and arrest him Joel Kenneth Simmons v. Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to prove appellant possessed the knife in his sleeve with the intent to use it in furtherance of a larceny, robbery, or burglary Mohammed Boukhira v. George Mason University/Commonwealth of Virginia No error in commission’s finding that its July 12, 2013 opinion was a final decision on the merits and correctly applied doctrine of res judicata, correctly interpreted its orders as not preserving appellant’s further claims, and did not err in holding that the evidence did not prove a change in condition Johnathan Bernard Outsey v. Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to prove appellant possessed the requisite intent to defraud under Code § 18.2-118 Jimmy Joe Williams v.

Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to prove appellant intentionally concealed his handgun Steven Parasidis, et al. Margaret Karageorge Arguments regarding trial court’s authority to find appellant in civil contempt and decision to strike any defenses he may have raised to fraudulent conveyance action barred by Rule 5A:18; trial court’s finding of civil contempt and imposition of sanctions affirmed Timothy Allen Guill v. Campbell County Department of Social Services Summary affirmance – no error in trial court’s finding that termination of appellant’s parental rights was in child’s best interest Phillip S. Pool, LLC, t/a C & C Mini Market v. Virginia Alcoholic Beverage Control Board Summary affirmance – no error in trial court’s finding that appellee had substantial evidence to rely on in revoking appellant’s license to sell wine and beer off premises Alfred Lamar Diggs v.

Commonwealth of Virginia Trial court did not err in denying appellant’s motion to suppress where circumstances provided a basis for officer to form a reasonable suspicion that appellant was driving a vehicle with an illegal inspection sticker Wade A. Commonwealth of Virginia Trial court did not err in denying appellant’s motion to suppress where officer had reasonable suspicion that appellant was involved in criminal activity and appellant’s actions justified officer’s response John Richard Taylor v. Commonwealth of Virginia No error in trial court’s finding that appellant was in a custodial or supervisory relationship with the victim when the offense of taking indecent liberties with a minor occurred Clyde Edmond Stackfield v. City of Hampton Trial court abused its discretion in admitting inadmissible hearsay; appellant’s conviction of trespassing reversed and remanded to trial court Ulysses Lee Keeling v. Commonwealth of Virginia Trial court did not err in denying appellant’s request for a jury instruction on excusable self defense, in denying the admission of the victim’s prior bad acts, and in denying the admission of the victim’s toxicology report Keenan Martin v. Commonwealth of Virginia Trial court abused its discretion in admitting additional bank statements without an adequate foundation where the Commonwealth did not establish that the additional statements are outside of the scope of hearsay as computer generated evidence or that they fall within any hearsay exception Gloria J.

And Ace American Insurance Company Summary affirmance – Court finds appellant’s failure to comply with Rules 5A:20 and 5A:25 significant and will not consider the assignments of error raised on appeal Peter Donald Lommen v. Shannon Nettles Lommen Summary affirmance – trial court’s denial of appellant’s motion to amend spousal support affirmed Gregory Daughtry v.

Boar's Head Provisions Company, Inc. And American Zurich Insurance Company Summary affirmance – decision of Commission affirmed where appellant does not assign error to any aspect of the decision appealed from Surgi-Center of Central Virginia v. McLane Company, Inc. And New Hampshire Insurance Company No error in Commission’s finding that appellant’s medical bills for medical treatment to an employee of appellee were properly reduced pursuant to a series of preferred provider contracts Kenneth Allen Bortzer v. Commonwealth of Virginia Trial court did not err in granting Commonwealth’s motion in limine excluding questions which would confuse the jury on routine details, an inquiry properly disposed of by the trial court prior to trial, instead of the elements of the offenses tried before it Marvin James Kersey v. Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to prove appellant aided and abetted in the commission of the offenses and shared the perpetrators’ criminal intent Kimberly M.

Commonwealth of Virginia No error in trial court’s finding that lease-purchase agreement appellant signed constituted a lease under Code § 18.2-118, that withholding personal property in violation of the terms of that agreement was a violation of the statute, and that appellant possessed the requisite fraudulent intent to withhold the property LaDawn Shrieves King v. King Final decree of divorce affirmed Joseph Andre Moore v. Commonwealth of Virginia Trial court erred in finding evidence was sufficient to prove appellant was aware of the drugs found under the seat of the vehicle and no considerable evidence beyond appellant’s mere proximity to the drugs and his occupancy of the vehicle linked him to the contraband Henry H.

Commonwealth of Virginia Evidence was insufficient to support convictions of grand larceny and larceny with intent to sell where evidence proved appellant was a co-owner of the personal property taken from the house Dominique Desmond Hampton v. Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to prove rifle appellant used was a real firearm, was a deadly weapon based upon the manner in which it was used, and had the appearance of being a firearm Andre Harris v. Henrico County Department of Social Services Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child where appellant failed to provide or substantially plan for child’s future or how he would provide for child’s special needs Cory Aubrey Swisher v. Albemarle County Department of Social Services Summary affirmance – trial court did err in terminating appellant’s parental rights to his child Cory Aubrey Swisher v. Albemarle County Department of Social Services Summary affirmance – trial court did not err in approving the foster care goal of adoption Ronald Wayne Bray v. Commonwealth of Virginia Trial court did not err in convicting appellant of four sets of three offenses and sentencing him separately on each conviction where while the offenses involved some common evidence, no one offense contained all the elements of the other two offenses; no double jeopardy or Code § 19.2 294 violation Darren Gregory v. Olga Gregory Trial court erred in awarding spousal support and attorney’s fees to appellee where trial court found her testimony not credible and then based its awards on that non-credible testimony Brenton Demoun Jones v.

Commonwealth of Virginia Trial court did not err in denying appellant’s motion to suppress where the drugs found on appellant’s person were admissible under the inevitable discovery doctrine Wendie Ann Palermo v. Steven Epple Judgment of trial court reversed and remanded for further proceedings where all necessary parties were not joined in this case in the trial court Cassell Clark Fitzgerald. Commonwealth of Virginia Trial court did not err in denying appellant’s motion to suppress where officer had reasonable articulable suspicion that appellant had a concealed weapon and was engaged in criminal activity and was armed and dangerous and officer was justified in seizing weapon based on plain feel that object in appellant’s pocket was a gun Jennifer Wisman v. Harrisonburg Rockingham Social Services District Summary affirmance – trial court’s issuance of protective order affirmed where trial court did not err in finding appellee did not request a change in custody and the ordered conditions did not change legal custody; trial court applied correct standard of proof and appellee presented sufficient evidence to support transfer of physical custody of child Riana Michelle Rich v. Commonwealth of Virginia No error in trial court’s finding that appellant caused the accident and that her actions were criminally negligent Cecil Moore v.

Lee County Department of Social Services Trial court did not did not rely solely on appellant’s incarceration and did not err in terminating appellant’s parental rights to his children Commonwealth of Virgina v. Guy Douglas Dubois, Jr. Petition for appeal dismissed where neither notice of appeal filed in trial court was sufficient to confer jurisdiction on this Court Michael Wayne Stallings v. Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to prove that appellant knowingly or intentionally possessed a controlled substance Wesley Adam Williams v. Commonwealth of Virginia No error in jury’s finding that evidence was sufficient to prove appellant was shooting in the direction of the officer with the intent to kill him Anthony Bryant Cummings v.

Commonwealth of Virginia Trial court did not err in allowing the Commonwealth to amend the indictment where the amendment did not change the nature and character of the offense; sufficiency of the evidence argument barred by Rule 5A:18 James C. Jones Judgment of trial court deviating from child support guidelines and finding that neither party shall pay child support to the other affirmed Lonnie Joe Salone v. Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to prove appellant was in constructive possession of the firearm found in area where appellant began making furtive movements when officer attempted to pull vehicle over Marion Kenneth Allen, Jr. Commonwealth of Virginia Trial court did not err in refusing to strike prospective juror for cause where juror’s answers showed no bias; jury was not plainly wrong in rejecting appellant’s hypothesis of innocence or in finding evidence was sufficient to support appellant’s convictions of robbery and use of a firearm in the commission of robbery Lashawn M.

Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to prove appellant’s conduct constituted direct action calculated to prevent and obstruct officer from performing his duties; appellant waived her challenge to the trial court’s ruling foreclosing closing argument Billy Ray Wilson v. Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to prove appellant was the driver of the vehicle or in admitting appellant’s statement to the trooper David L. Host No error in trial court’s interpretation of support provisions of parties’ final decree or its finding that the resulting awards of attorneys’ fees and support arrearages were consistent with the agreement of the parties Clifford Ronald Dugan, Jr. Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to prove appellant constructively possessed the methamphetamine found in his truck Myron Lamar Rhodes v.

Harrisonburg Rockingham Social Services District No error in trial court’s finding that child’s behavior was caused by appellant’s actions; trial court did not err in entering the protective order and ordering supervised visitation Republic Services of Virginia, L.L.C. And Old Republic Insurance Company v. Candio Commission did not abuse its discretion in denying appellants’ motion to go forward on the merits in appellee’s absence or by dismissing appellee’s claim without prejudice for his failure to comply with discovery orders and his failure to appear at the hearing Virginia Department of Environmental Quality v. The East End Landfill, LLC Trial court did not err in reversing appellant’s decision that it did not have authority to continue to review appellee’s application and remanding matter back to appellant for further proceedings; trial court erred in awarding costs and attorney’s fees to appellee where appellant’s position was not unreasonable Antoine Lamont Creecy v. Commonwealth of Virginia Trial court did not abuse its discretion in declining appellant’s proposed instructions on the lesser included offense of simple possession where mere speculation that the cocaine and heroin could have been for personal use is not independent, affirmative evidence showing a lack on an intent to distribute Shawanna D. Howard Kelly Smith Summary affirmance – trial court did not abuse its discretion in finding that it was in the best interest of the children for appellee to continue to have primary physical custody of them Arrie C. Clements Summary affirmance – judgment of trial court affirmed where appendix filed in this case is inadequate to enable Court to address her assignments of error Kevin S.

Godwin Summary affirmance – trial court did not err in imputing income to appellant and ordering him to pay spousal support to appellee or in allowing appellee to call witness Henry F. Brandenstein, Jr. Brandenstein Trial court erred in finding that support provisions of marital settlement agreement were ambiguous and not self executing, in setting a support arrearage, and in finding appellant in contempt Alvin Daniel Gatewood v.

Commonwealth of Virginia Trial court did not abuse its discretion in determining contested victim impact testimony was admissible from the victim’s uncle at the sentencing phase of the trial Northampton County and Virginia Association of Counties Group Self-Insurance v. Mark Somers Award of temporary total disability beginning May 8, 2014 and continuing reversed where commission erred in finding appellee’s April 8, 2014 filing was a change in condition application and not barred by the statute of limitations; remainder of award affirmed Esperanza M. Garcia-Guzman v. Celina Cleaning Services, Inc. And The Uninsured Employers' Fund Summary affirmance – no error in commission’s denial of benefits to appellant where she failed to establish her injury arose out of her employment James Stone v.

Skyline Automotive, Inc. And Accident Fund National Insurance Company Summary affirmance – no error in commission’s finding that appellant’s claim was not timely filed and was barred by the statute of limitations and that appellant did not prove his neck condition was related to the original compensable accident Josiah A. Commonwealth of Virginia Trial court did not err in finding evidence sufficient to support conviction of disorderly conduct where appellant’s actions were not sufficient to be otherwise punishable under Title 18.2 of the Code to invoke other crimes proviso of Code § 18.2-415 Fairfax County School Board v. Carolyn Washington Summary affirmance – no error in commission’s finding that appellee’s stroke was caused by her workplace accident; issue regarding adequacy of the commission’s opinion for purposes of Code § 65.2-705 barred by Rule 5A:18 William E. VDOT-Tazewell/Commonwealth of Virginia Commission did not err in terminating appellant’s benefits where it found application for hearing was sent to appellant and his counsel in compliance with Commission Rule 1.4(A), in determining credible evidence supported finding that appellant was released by his treating physician, and did not abuse its discretion in relying on medical evidence already in the record Drew Joseph Harrison v.

Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to prove appellant acted against the will of the victim or in finding appellant did not carry his burden of proving the existence of an agreement between appellant and the Commonwealth to nolle prosequi the charges upon completion of a therapy program Joshua Ryan Bevels v. Commonwealth of Virginia Trial court did not abuse its discretion in admitting evidence of a separate drug transaction under the general scheme exception to the general rule of exclusion of other crimes evidence Richard William Majeski, III v. Commonwealth of Virginia Trial court lacked authority under Rule 1:1 to modify terms of appellant’s suspended sentence since it found appellant had not violated trial court’s final sentencing order; order entered on November 21, 2014 vacated Orel Jordan Chollette v. Robert Keeling and Kristin Keeling Trial court did not err in denying appellant’s motion to intervene in an adoption proceeding where record fails to establish his paternity Daryl Wayne Peake v. Brandy English Brown Peake Summary affirmance - Final decree of divorce regarding equitable distribution, spousal support, child support, and award of attorney’s fees to appellee affirmed Andrew Steve Barrett v.

Commonwealth of Virginia Trial court did not err in denying appellant’s motion to suppress where officer had a particularized and objective basis to suspect appellant was engaged in drug distribution or in reconsidering and reversing its bench ruling excluding testimony of officer Austin Albert Callahan v. Commonwealth of Virginia Evidence was sufficient to support jury’s finding that appellant meant to make a bomb, not a firework; trial court did not err in refusing to instruct jury on possession of an illegal firework as it was not a lesser-included offense Patrick Ferguson v. McCormick & Schmick and American Zurich Insurance Company Evidence supports finding of commission that appellant was not totally disabled after April 21, 2014 and properly denied request for temporary total disability benefits; additional issues raised by appellant barred by Rule 5A:18 Lubna Aijaz v.

Fairfax County Department of Family Services No error in trial court’s finding that termination of appellant’s parental rights to her child was in best interests of child and that appellant had been unwilling or unable to remedy conditions leading to child’s placement in foster care Monica Harvey v. Old Dominion University/Commonwealth of Virginia No error in commission’s finding that appellant failed to prove a basis for a second opinion at employer’s expense Commonwealth of Virginia v. Joseph Dee Morrissey, a/k/a Joseph D. Morrissey Appellee’s motion to dismiss granted and appeal dismissed where this Court lacks jurisdiction to review the circuit court’s dismissal of indictments based on its interpretation of the immunity provision of a plea agreement Christopher Allen Brantley v. Commonwealth of Virginia Trial court did not err in crediting the testimony of the Commonwealth’s expert that the injuries to the child resulted from abusive head trauma and to conclude appellant was guilty of child abuse Charles Xavier Rankins v.

Commonwealth of Virginia Trial court did not err in refusing appellant’s proffered instruction on defense of others where there was no evidence victim threatened death or bodily harm to appellant’s family members Juan Demetrio Mirones Ramos v. Commonwealth of Virginia Evidence was sufficient for jury to conclude that appellant drove the vehicle on a public highway while intoxicated within three hours of his arrest – convictions of driving under the influence and unreasonably refusing to submit to a blood or breath test affirmed Levar Raheem Burton v. Commonwealth of Virginia Trial court did not err in denying appellant’s motion to suppress where both search of appellant’s vehicle and the direction to appellant to exit the vehicle were justified as officers had probable cause to believe appellant was in possession of contraband George Andrew Thompson v. Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to support grand larceny of an automobile conviction where it found witness was credible and her testimony was corroborated by text messages Cherif Toure v.

DAL Global Services and Gallagher Bassett Services, Inc. Summary affirmance – appellant’s arguments not considered on appeal for his failure to comply with Rule 5A:20 and that failure is significant Catherine Rebecca Rogers v. VPI State University/Commonwealth of Virginia Summary affirmance – commission did not err in denying benefits to appellant where appellant failed to prove an injury by accident or in finding appellant did not meet the requirements for admission of after-discovered evidence Victoria J.

Frank Salvato Summary affirmance – trial court did not err in imposing additional visitation restrictions on appellant as they were implemented in best interests of child Tamena G. Fitzgerald C. Britton Summary affirmance – trial court did not err in finding appellant in civil contempt where appellant’s support obligation exits regardless of whether appellee’s support obligation to appellant still exists Pinpoint Cleaning Service, Inc. And Phoenix Insurance Company v.

Daniel Henriquez Summary affirmance – no error in commission’s finding that appellant’s industrial accident occurred within the course of his employment Tommy Raymond Harris v. Torque Enterprises, L.L.C. And American Mining Insurance Company Summary affirmance – no error in commission’s finding that evidence was insufficient to prove appellant sustained an injury by accident arising out of his employment Angela Maye Holt v. Commonwealth of Virginia Petition for rehearing en banc granted Shirley Robinson-Miles v. Danville Division of Social Services Trial court did not err in terminating appellant’s parental rights to her seven children pursuant to Code § 16.1-283(C)(2) Robert Taylor, III v. Roanoke County Department of Social Services Trial court did not err in terminating appellant’s parental rights to his child where evidence proved appellant was unable to remedy substantially the conditions that led to the child being placed in and remaining in foster care Commonwealth of Virginia v.

Spinola, s/k/a Thomas P. Spinola Appellee’s motion to dismiss granted and appeal dismissed where Commonwealth did not timely file the notice of filing of transcript or petition for appeal Andre Morman, Sr.

Richmond Department of Social Services Summary affirmance – no error in trial court’s termination of appellant’s parental rights to his six children Commonwealth of Virginia v. Frank Innes Flythe, a/k/a Frank Innes Rooks No error in trial court’s decision to dismiss appellee’s second indictment on double jeopardy grounds where appellee was acquitted of grand larceny of money at a prior trial and the Commonwealth cannot name a different victim and relitigate the issue at a second trial Alysa Youngson, f/k/a Alysa N. Christopher E. Brautigam Summary affirmance – trial court did not err in its award to appellee of attorney’s fees and costs incurred on prior appeal and remand Laurence F. Hannan, III v. Thorsen Construction and Accident Fund Insurance Company Summary affirmance – no error in commission’s decision awarding medical benefits for treatment of appellant’s thoracic spine, denying medical benefits for treatment of appellant’s right knee, and denying wage loss benefits Jeffrey Brian Lee v.

Commonwealth of Virginia Appellant’s argument regarding trial court’s failure to rule on a motion to withdraw his guilty pleas barred by Rule 5A:18 where appellant never made an objection to the trial court’s alleged failure to rule or a specific effort to get the motion on the court’s docket before the trial court lost jurisdiction La'Mann Abbott v. Culpeper County Department of Social Services Summary affirmance – termination of appellant’s parental rights to his child affirmed where appellant’s failure to challenge both subsections of Code § 16.1-283 under which his rights were terminated renders moot his challenge under one subsection Garrett R. City of Charlottesville Fire and Rescue Commission did not err in declining to apply rebuttable presumption provided in Code § 65.2 402(C) where appellant failed to provide evidence that his exposure to known or suspected carcinogen caused or was suspected to cause his prostate cancer Eric Perry Groo v. Janine Mary Burton Summary affirmance – trial court did not err in denying appellant’s motion to modify custody and visitation where appellant did not prove a material change in circumstances since prior order Matthew Columbus Williams v.

Commonwealth of Virginia No reversible error in trial court’s decision to admit a digitally signed conviction order to prove a prior conviction where the DMV abstract, admitted without objection, proved the same conviction Angela Maye Holt v. Commonwealth of Virginia Evidence was insufficient to support conviction of embezzlement; conviction of obtaining money by false pretenses affirmed where Court declines to apply ends of justice exception Chastity Davis v.

Isle of Wight County Department of Social Services No error in trial court’s finding that evidence was sufficient to terminate appellant’s parental rights to her children where she did not substantially remedy conditions leading to placement in foster care and termination was in their best interest Charlene Cole v. Henry-Martinsville Department of Social Services Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children where appellant had not substantially remedied conditions leading to placement of children in foster care Gretchen McDorman Burkett v. Harrisonburg Rockingham Social Services District Judgment of trial court terminating appellant’s parental rights to her child affirmed where appellant did not object to the proffered evidence at trial and raises her arguments for the first time on appeal Gretchen McDorman Burkett v.

Harrisonburg Rockingham Social Services District Judgment of trial court terminating appellant’s parental rights to her child affirmed where appellant did not object to the proffered evidence at trial and raises her arguments for the first time on appeal Commonwealth of Virginia v. Domanique Terrelle Waller Trial court erred in granting motion to suppress where officer had probable cause to search appellee’s vehicle for evidence related to the crime of possessing or using a stolen inspection sticker and any documentation regarding that sticker Louis Chester Lee, Jr. Commonwealth of Virginia No error in trial court’s credibility determinations or its determination that appellant violated the terms of the protective order Brian Thomas Smith v. Commonwealth of Virginia Trial court’s refusal to instruct jury on voluntary manslaughter, if error, was harmless; argument regarding wording of challenged murder instruction barred by Rule 5A:18 where appellant failed to object to wording of instruction at trial and ends-of-justice exception does not apply Christopher Sean Pickett v. Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to prove appellant’s convictions of two counts of carnal knowledge and two counts of indecent liberties where it accepted testimony of victim, notwithstanding any impeachment, as credible Christopher Love Howard v. Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to prove appellant intended to rob the victim and took an overt act toward robbing the victim; convictions of attempted robbery, use of a firearm in commission of felony, and possession of a firearm by a violent convicted felon affirmed Joseph Mark Neubert v.

Linda Dean Neubert Summary affirmance – trial court did not err in awarding spousal support to appellee that increases upon sale of the marital residence James Seth Brown v. Commonwealth of Virginia Trial court did not err in finding evidence was sufficient to prove appellant willfully failed to appear and willfully contributed to the neglect of his child Virginia Department of Juvenile Justice v. Sean Milner Trial court erred in reversing the hearing officer’s decision where hearing officer did not act contrary to law in declining to reinstate appellee to his former position; decision of trial court reversed and decision of hearing officer reinstated William D. Marylynn Coalson Trial court did not err in granting appellee’s motion to strike on a motion to terminate spousal support where the evidence failed to establish that appellee and her paramour shared a common residence Virginia Department of Juvenile Justice v. Sean Milner Judgment of trial court awarding attorney’s fees and costs to appellee under Code § 2.2-3006(E) reversed where appellee no longer substantially prevails on the merits of his case and is no longer entitled to attorney’s fees and costs Donald M. Eskridge Trial court did not abuse its discretion in awarding appellee spousal support in the amount of $1,200 per month for five years Opal Brock v. Wise County Department of Social Services Summary affirmance – appellant’s failure to challenge termination of her parental rights under Code § 16.1-283(B) renders moot her claim under Code § 16.1-283(C) Babcock & Wilcox and Indemnity Insurance Company of North America v.

Paul Moran Summary affirmance – no error in commission’s finding that claimant suffered a compensable injury and that he was entitled to an award of temporary total disability benefits Randall Peaks v. Wise County Department of Social Services Summary affirmance – arguments regarding target completion date, relative placement, failure of trial court to remand matter to juvenile court after appeal heard on ninety-second day after appeal noted, and admission of medical records under business record exception barred by Rule 5A:18; failure to challenge termination under all code sections renders moot claim of error under one section Nestle USA, Inc. And Ace American Insurance Company v. Ellis Summary affirmance – no error in commission’s finding that claimant’s claim for medical and indemnity benefits was not barred by the statute of limitations Albert Lewis Fowler, III v.

Commonwealth of Virginia Appellant’s conviction is reversed because appellant did not enter a constitutionally valid guilty plea Joshua Micah Lillard v. Commonwealth of Virginia No error in trial court’s finding that appellant operated his tractor trailer in a reckless manner and, thus, was guilty of reckless driving Craig Lamont Kirkpatrick v. Commonwealth of Virginia Judgment of trial court affirmed pursuant to Rule 5A:18 where appellant only objected to the Commonwealth’s lack of evidence regarding threat or intimidation not his appellate argument regarding sufficiency of the evidence to prove penetration Ronald Edward Johnson, Jr. Commonwealth of Virginia Trial court did not err in convicting appellant of three counts of failure to appear where a single act of failure to appeal may result in multiple convictions when each count is based on a distinct underlying felony Dezmon C.

Reaux, s/k/a Dezmon Cary Lee Reaux v. Commonwealth of Virginia Judgment of trial court affirmed pursuant to Rule 5A:18 where appellant’s argument on appeal not properly preserved because appellant did not allege a violation of Sixth Amendment rights before the trial court Jayvon Lartay Bass v. Commonwealth of Virginia Error in appellant’s conviction of robbery on an indictment charging appellant with attempted robbery; conviction reversed and remanded to trial court for new trial on attempted robbery Ty'quawne Niheem Alston v. Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to prove appellant intended to commit an assault and battery at the time he entered the victim’s residence Christopher Lee Croft v. Commonwealth of Virginia Trial court erred in convicting appellant of driving while his license was suspended under Code § 18.2-272 where the period of suspension authorized by Code § 18.2-271 was one year from the date of conviction for driving while intoxicated and that period had passed Joseph Garth Jones v. Commonwealth of Virginia No error in trial court’s finding that appellant’s driving after the officer’s command to stop endangered the officer’s operation of his vehicle and appellant’s actions constituted felony eluding John W. Commonwealth of Virginia Trial court erred in excluding evidence of victim’s prior allegations against appellant where proffered evidence of an alibi for the date in question was sufficient to demonstrate a reasonable probability that victim’s prior allegations were false Commonwealth of Virginia v.

Hunter Franklin Hocutt Trial court did not err in granting motion to suppress where the impoundment of appellee’s vehicle was not reasonable under Fourth Amendment as impoundment did not occur pursuant to a statute or the standard police procedure applicable in this case Lynn Miller, f/k/a Lynn Miller Green v. Robert Lorenza Green, Jr. Trial court erred in terminating spousal support retroactively and in finding that appellee was entitled to cease payment of spousal support unilaterally prior to seeking court intervention Jasmine Harper v. Alexandria Department of Community and Human Services Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children where although appellant participated in services offered, she did not demonstrate an ability to safely parent the children Smithfield Foods, Inc. And Safety National Casualty Corp. Branstetter, Jr.

Summary affirmance – no error in commission’s finding that res judicata principles barred appellants’ argument disputing causal relationship between appellee’s second episode of DVT and appellee’s workplace accident; no error in decision regarding award of attorney’s fees to appellee William A. Dinwiddie Department of Social Services Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child where it found appellant had been unwilling or unable to remedy substantially the conditions which led to child’s placement in foster care Anthony Joseph Bellio-Poates v. Commonwealth of Virginia Trial court did not err in denying appellant’s motion to suppress where the search warrant was supported by probable cause; no error in trial court’s finding that evidence was sufficient to prove appellant constructively possessed the contraband and that appellant grew the marijuana with the intent to distribute it Jennifer Lynn Wilks v. Fairfax County Department of Family Services Summary affirmance – termination of appellant’s parental rights affirmed where appellant only challenged termination under one of the two subsections under which her rights were terminated Rosa Cruz-Gonzalez v. Star Valley Painting Contractors, et al. Summary affirmance – no error in commission’s finding that appellant’s claim for benefits is barred by the settlement of third-party suits without knowledge or consent of appellees Rufino Cruz Cortes v. Star Valley Painting Contractors, et al.

Summary affirmance – no error in commission’s finding that appellant’s claim for benefits is barred by the settlement of third-party suits without knowledge or consent of appellees Big Lots Stores, Inc. And Arch Insurance Company v. Howard Clute Summary affirmance – no error in commission’s finding that appellee’s claim was not barred by res judicata and awarding medical benefits for a right knee injury Howard Clute v. Big Lots Stores, Inc.

And Arch Insurance Company Summary affirmance – no error in commission’s decision declining to award ongoing temporary total disability benefits and only awarding appellant disability benefits for day of his right knee replacement surgery Amanda J. Carroll Brammer v. Craig County Department of Social Services Summary affirmance – appellant’s failure to challenge the termination of her parental rights under Code § 16.1-283(C)(2) renders moot her challenge under Code § 16.1-283(B) Zainab T. Trinet/Washington Dulles Marriott, et al. Summary affirmance – no error in commission’s finding that several of appellant’s physical ailments were not casually related to her work injury and that appellees were not responsible for payment of emergency room visits, a neck collar, and treatment for several conditions Hellen Bangura v.

Alexandria Department of Community & Human Services Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child and in approving the goal of adoption for the child Gene Forbes Enterprises d/b/a McDonald's of Tazewell and Arch Insurance Company v. Cooper No error in commission’s award of disability benefits where it found appellee suffered an injury arising out of and in the course of her employment, suffered a sudden mechanical or structural change, and there was a causal link between the injury and the resulting treatment Ronald Perry v. Prince George Department of Social Services Trial court did not err in terminating appellant’s parental rights to his child where appellant’s mental illness prevented him from being able to care for the child, appellant did not provide evidence he would be able to care for the child’s mental health needs, and appellant did not substantially correct conditions which led to child being and remaining in foster care Julianne Price v. And Merchants of Virginia Group Self-Insurance Summary affirmance – no error in trial court’s finding that appellant failed to prove she suffered a concussion as a compensable consequence of her workplace accident Lakesha Lanika Artis v.

Commonwealth of Virginia Evidence was not sufficient to prove beyond a reasonable doubt that appellant’s conduct was criminally negligent; conviction of involuntary manslaughter reversed and dismissed Tyrone Brewington Conway v. Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to support conviction of malicious wounding where it proved victim suffered a wound and Court rejects appellant’s argument that a weapon other than that with which the body is naturally provided must be used to cause the wound Michael Kevin Huck v. Stacie Lee DeLango Huck Summary affirmance – appellant’s failure to comply with Rules 5A:20 and 5A:25 is significant and Court will not consider his assignments of error; additional assignments of error barred by Rule 5A:18 Megan Bracaloni v. Joshua Edge, Jennifer Leslie Edge and Gregory Edge Summary affirmance – appellant’s assignment of error regarding a child custody and visitation order not preserved and will not be considered Commonwealth of Virginia v.

David Pijor No error in trial court’s finding that Double Jeopardy Clause mandated dismissal of appellee’s second indictment Commonwealth of Virginia v. Dustin Lee Correll Trial court did not err in granting motion to suppress where facts did not provide an objective basis for the officer to suspect that appellee was armed and dangerous Duane Aubrey Diggs v.

Commonwealth of Virginia No error in trial court’s findings that no variance existed between the indictment and the proof and that evidence was sufficient to prove appellant obtained money or property by false pretenses Peter Anthony Deluca v. Tracie Ondich Deluca No error in trial court’s finding that appellant’s spousal support obligation under the parties’ agreement included an obligation to pay a monthly monetary sum to appellee; appellant’s other assignments of error procedurally barred by Rule 5A:20(e) Timothy M. Commonwealth of Virginia, et al.

Trial court did not err in finding it did not have subject matter jurisdiction to hear this case Timothy M. Commonwealth of Virginia, et al. Trial court did not err in finding it did not have subject matter jurisdiction to hear this case Trevon Blake v. Norfolk Department of Human Services Summary affirmance – trial court did not err in denying appellant’s motion for continuance and dismissing this appeal of the termination of his parental rights where it found he voluntarily waived his right to appeal James Michael Wheeler, Jr. Liliana Wheeler Summary affirmance – no error in trial court’s order allowing appellee to relocate the parties’ children to San Diego, California Charleston Alexandria Williams, Jr.

Commonwealth of Virginia Trial court erred in finding evidence was sufficient to prove value of computer was greater than $200 at the time of the theft; remanded to trial court for resentencing on conviction of lesser-included offense of petit larceny Ronnie James Kemp v. Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to prove appellant jointly possessed the marijuana with the intent to distribute it and that he entered into an agreement with others to sell the marijuana Timothy M. Valerie Jill Rhudy Minor Order of trial court dismissing appellant’s refiled October 2013 complaint regarding custody and visitation of minor children affirmed Travis Kashawn Brown v. Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to prove appellant constructively possessed the cocaine located in the driver’s side cup holder; convictions of possession of cocaine and possession of a firearm while in possession of cocaine affirmed Timothy Michael Baird v. Commonwealth of Virginia Evidence was sufficient to allow jury to reasonably infer both malice and a specific intent to kill or otherwise harm victims in vehicle; appellant waived any claim he may have had for a mistrial by not timely requesting that relief Dwayne L. Cook Summary affirmance – trial court did not abuse its discretion in reducing rather than terminating appellant’s spousal support obligation to appellee and did not err in refusing to consider the length of the parties’ marriage and how long appellant has been paying spousal support in its decision to reduce appellant’s spousal support obligation Riverside Behavioral Centers and Trumbull Insurance Company v. Steven Tyrone Teel Commission erred in concluding appellee was not terminated for justified cause; award of temporary total disability benefits reversed and vacated Michael Keith Lamb v.

Diane Lamb Summary affirmance – trial court did not err in denying appellant’s motion to modify his spousal support obligation to appellee Charles Samuel Harris v. Paty Denise Leonard Harris Summary affirmance – no error in trial court’s holding that it did not have authority to modify or terminate appellant’s spousal support obligation to appellee where the language in the final decree, including agreement of the parties, does not state that the spousal support obligation can be modified Bruce Antoine Howard v. Commonwealth of Virginia Trial court did not err in finding evidence was sufficient to prove appellant intended to inflict a permanent injury on the victim; any error in trial court’s application of the definition of intent under the statute harmless Willie Billups v. Commonwealth of Virginia Trial court did not err in denying appellant’s motion to suppress where officers had reasonable articulable suspicion that appellant had just engaged in criminal activity Charles Wesley Olmstead v. Commonwealth of Virginia No error in sentence imposed upon appellant where sentence does not violate Eighth Amendment prohibition against cruel and unusual punishment and as appellant was not sentenced to life imprisonment without parole he is not entitled to a proportionality review Daniel Elwood Buchanan, s/k/a Daniel Elwood Buchanan, Jr. Commonwealth of Virginia Evidence was sufficient for jury to infer appellant acted with malice when he shot and killed victim; argument regarding introduction of text messages from appellant’s cell phone waived when he introduced text messages of a similar nature on his own behalf and attempted to explain text messages introduced by Commonwealth in a light more favorable to his defense Oscar O.

Ozfidan Trial court did not err in its assessment of the Code § 20-107.3(E) factors; trial court erred in transferring title of appellant’s IRA to appellee, in apportioning marital debt without giving appellant a credit appellee’s counsel stated was appropriate, and in ruling it would not consider issue of spousal support despite appellant’s request to do so Carmela M. Sarno Summary affirmance – assignments of error raised on appeal not considered due to appellant’s failure to comply with Rules 5A:20 and 5A:25 Joshua Eugene Andrews v. Roanoke County Department of Social Services Summary affirmance – trial court did not err in denying appellant’s motion for a continuance to provide names of possible relative placement or in terminating appellant’s parental rights to his child Marcus M. Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to prove appellant was aware of the nature and character of the contents of the lunchbox in which the marijuana was found William N.

Blair Summary affirmance – trial court did not err in denying appellant’s motion to modify his spousal support obligation to appellee where appellant did not prove a material change in circumstances De'Jour Davonte Reaux-King, s/k/a De'Jour Devante Reaux-King v. Commonwealth of Virginia Trial court did not err in finding evidence sufficient to prove appellant committed a direct act calculated to accomplish a robbery; conviction of attempted robbery affirmed Guy Ferrante v. Mary Jo Krist Summary affirmance – judgment of trial court incarcerating appellant until he paid attorney’s fees and sanctions ordered by trial court affirmed Nancy Lynn Glover v. Louisa County Department of Human Services Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child where evidence was sufficient to prove she was unable to care for her child within a reasonable amount of time despite reasonable and appropriate efforts by appellee to help remedy situation Commonwealth of Virginia v.

Willie Ray Mack Order of trial court granting suppression motion affirmed where Commonwealth did not alert trial court to argument raised on appeal that it erred in addressing motion to suppress under an incorrect standard Christopher Wayne Butler v. Commonwealth of Virginia Trial court did not err in denying appellant’s motion to suppress evidence and statements found in a search of the vehicle in which appellant was a passenger or in denying appellant’s motion to strike evidence where evidence was sufficient to support finding appellant constructively possessed morphine found in center console Willie Anderson Cullop v. Commonwealth of Virginia Trial court did not err in denying appellant’s motion to declare the habitual offender statute unconstitutional as applied to him where appellant suffered no due process violation and no ex post facto violation exists; evidence was sufficient to convict appellant of driving after having been declared an habitual offender Michael Allen Luttrell v. Samantha Mary Jo Cucco Trial court did not err in denying appellant’s motion to adjust spousal support or in awarding attorney’s fees to appellee Charleston Alexandria Williams, Jr.

Commonwealth of Virginia Trial court erred in finding evidence was sufficient to prove value of computer was greater than $200 at the time of the theft; remanded to trial court for new trial on lesser-included offense of petit larceny if Commonwealth be so advised Christopher Javon Norman v. Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to show appellant used force or intimidation to compel victim to leave her home against her will Amanda C.

Padula-Wilson v. Wilson Trial court’s judgment regarding custody of parties’ children is affirmed in part, reversed in part, and remanded to trial court for further proceedings Brian Lester Walton, Sr. Commonwealth of Virginia Evidence was sufficient to support jury’s conclusion that appellant’s violation of a protective order was based on a threat of violence and their decision to convict appellant under the felony provision of Code § 18.2-60.4; jury was properly instructed Kathie Leonide Bozsik v.

Charles Joseph Bozsik, et al. Trial court erred in finding appellant forfeited her right to a life estate in the residence because she obeyed the trial court’s directive in a pendente lite order; trial court’s judgments granting appellees’ demurrer, directing appellant to sign quitclaim deed, and awarding attorney’s fees and costs to appellees reversed and remanded to trial court for evidentiary hearing Fairfax County v. Matthew Domyancic Summary affirmance – commission did not err in denying appellant’s application based on a change in condition, in finding appellant did not prove appellee’s failure to report a return to work and in denying appellant’s request to terminate the outstanding award of benefits Fairfax County Government v. Victoria Monroe No error in commission’s finding that appellee’s lower back injury arose out of her employment and that she did not willfully violate a workplace rule or otherwise willfully commit misconduct Fairfax County v. Matthew Domyancic Summary affirmance – no error in commission’s decision awarding appellee medical benefits and attorney’s fees Ruiz Drywall & Cleaning Inc. And Builders Mutual Insurance Company v.

Morales Summary affirmance – no error in commission’s finding that appellee suffered a compensable injury and awarding temporary total disability benefits William Austin Clark, Jr. Commonwealth of Virginia Trial court did not err in instructing the jury where the proposed instructions would not have assisted the jury in its deliberations; evidence was sufficient for jury to find that appellant committed an assault and battery against the officer Antonio Figueroa v. Commonwealth of Virginia Trial court did not err in revoking appellant’s suspended sentences where prior order extending his probation was not void for lack of notice and appellant may not collaterally attack that order Travious Marque Bailey v. Commonwealth of Virginia Trial court did not err in rejecting appellant’s hypothesis of innocence and finding evidence was sufficient to support appellant’s conviction of grand larceny Wayne Edward Meadows, Jr. Commonwealth of Virginia Appellant’s arguments regarding constitutionality of Code § 18.2-370 barred by Rule 5A:18 Marius Hamilton Stafford v. Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to establish appellant had actual notice of his status as an habitual offender Barbara Deanne Smith v.

Eric Wendell Thompson No error in trial court’s finding that certain financial obligations appellant was entitled to pursuant to her written agreement with appellee upon their separation and divorce were terminated upon her remarriage as they were spousal support for purposes of Code § 20-109(D) Raymond Nathaniel Martin v. Commonwealth of Virginia Appellant’s argument whether trial court erred in denying appellant’s motion to withdraw his guilty plea barred by Rule 5A:18 where there was no motion to withdraw the guilty plea before the trial court Crystal Hareford v. Harrisonburg-Rockingham Social Services District Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child under Code § 16.1-283(E)(i) Bruce Gregory Reed v. Commonwealth of Virginia No error in trial court’s finding that value of trees, whatever precise value they may have been worth, was $200 or more; conviction of grand larceny affirmed David Lee Hutton, III v. Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to prove appellant knew the items he pawned were stolen Randy Lee Wyant v. Commonwealth of Virginia No error in trial court’s finding that appellant made “contact” with the victim in violation of the preliminary protective order Rayon Levelle Pork v. Commonwealth of Virginia Trial court did not err in denying appellant’s motion to suppress where officer had reasonable, articulable suspicion that appellant had a concealed weapon; argument regarding legality of seizure of baggy of heroin not addressed where appellant failed to assign error to trial court’s alternative holding of doctrine of inevitable discovery Power Distribution Prodcuts, Inc.

And Argonaut Insurance Company v. James Lockard No error in commission’s decision awarding appellee benefits where appellant cured his initial refusal to accept selective employment and appellee’s testimony did not bar the commission from concluding he was disabled Southern Tank Transport, Inc.

And New Hampshire Insurance Company v. Roy Hoke, Jr. No error in commission’s decision declining to terminate an open award to appellee and awarding attorney’s fees to appellee David F. LaBrie Summary affirmance – trial court did not abuse its discretion in denying appellant’s motion to reduce or terminate spousal support and in ordering appellant to pay appellee’s attorney’s fees and costs Robert Eli Bernard v.

Commonwealth of Virginia Judgment of trial court affirmed where appellant was not deprived of his constitutional right to an impartial jury and fair trial due to statements made in presence of the venire unknown to appellant and his counsel Crosby Windell Jones v. Commonwealth of Virginia Trial court erred in convicting appellant of unlawful wounding after specifically finding that Commonwealth failed to prove necessary element of intent to main, disfigure, disable or kill; remanded to trial court for entry of an order and sentencing on lesser-included offense of assault and battery Raymond Curtis v. Commonwealth of Virginia Trial court did not abuse its discretion in denying appellant’s motion for a new trial and motion in limine to prevent Commonwealth from presenting evidence of appellant’s prior drug use and drug activity and introducing testimony concerning types of cocaine, a drug problem in Wise County, and the drug culture William Roland Massey, III v. Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to prove appellant acted with the requisite intent to defraud at or before the false representations were made and received money or property belonging to victim; issue that behavior for which he was convicted did not establish requisite false representation of pretense not preserved for appeal Matthew Raymond Shropshire v. Commonwealth of Virginia Trial court did not err in denying appellant’s motion to withdraw his no contest plea where appellant failed to proffer evidence for a reasonable basis for contesting guilt Joyce Vick v. Hampton Roads Transit No error in commission’s denial of claim for medical benefits and compensation for temporary total disability where credible evidence supported finding that appellant’s fall did not arise out of her employment Jeffrey M. Pope Trial court erred when it refused to clarify and modify its previous order regarding the Disney resort timeshare where Code § 20-107.3(K) allows the trial court to enter an order clarifying its previous order Geraldine Wildner v.

DBHDS/Eastern State Hospital/Commonwealth of Virginia Summary affirmance – as appellant’s failure to comply with Rule 5A:20 is significant, Court will not consider appellant’s arguments Olga Randolph v. Spherion Atlantic Workforce, LLC, et al.

Summary affirmance – as appellant’s failure to comply with Rule 5A:20 is significant, Court will not consider appellant’s arguments Rose Mills v. Army Navy Country Club and Hartford Accident and Indemnity Company Summary affirmance – as appellant’s failure to comply with Rule 5A:20 is significant, Court will not consider appellant’s arguments Justin Dwayne Stump v.

Commonwealth of Virginia Trial court did not abuse its discretion in revoking appellant’s deferred disposition for failing to comply with the terms of the deferred disposition where appellant accepted the inherent risk that he would be incarcerated on unrelated charges and unable to comply with the terms Alicia Lilly v. Washington & Lee and PA Manufacturers Indemnity Co. Summary affirmance – no error in commission’s finding that appellant’s neck injury was not a compensable consequence of her 1998 work-related injury Mark Thomas Clementi v.

Commonwealth of Virginia No error in trial court’s finding that California’s drunk driving statute was substantially similar to Code § 18.2-266 with regard to two of appellant’s driving under the influence convictions in that state and could be used as predicate offenses for enhanced penalty purposes Department of Medical Assistance Services/Commonwealth of Virginia v. Ablix Corporation, d/b/a, etc. Trial court did not err in denying appellee’s request for attorneys’ fees; trial court erred in failing to apply correct standard for court review of an agency decision and in failing to vacate its final order in light of this Court’s decision in 1st Stop Health Servs. Dep’t of Med. Assistance Servs., 63 Va. 266, 756 S.E.2d 183 (2014) Inova Loudoun Hospital and Inova Health Systems v.

Najat Chemlali Goode Summary affirmance – no error in commission’s finding that appellee proved injuries to her neck and upper back, that her medical treatment and disability were causally related to her workplace accident, and that appellee had ongoing work incapacity related to the accident Rose Ikpeme Nkong v. Ishong Nkong Summary affirmance – no error in final decree divorce granting appellee legal and primary custody of parties’ children Dominique Tajuan Waller v. Commonwealth of Virginia Trial court did not abuse its discretion in manner in which it conducted voir dire, in finding chain of custody was adequately established, and in declining to give a duplicative jury instruction; evidence was sufficient to prove appellant’s possession of cocaine Cornellus Lavon Oliver v. Commonwealth of Virginia No error in denial of appellant’s motion to suppress where officer had a sufficient objective basis to seize appellant by requiring him to perform field sobriety tests; evidence was sufficient to support finding that appellant drove his vehicle while intoxicated Paul A.M. Epps Appellant’s arguments regarding attorney’s fees and imputation of income barred by Rule 5A:18; trial court did not abuse its discretion in declining to classify appellee’s military retirement pay or award appellant any part thereof where appellant failed to provide sufficient evidence for trial court to determine if there was a marital share Chase Adam Marsh v. Commonwealth of Virginia Review of appellant’s assignment of error barred by Rule 5A:18 where appellant’s vague and generalized references to the law did not afford trial court an opportunity to intelligently rule on appellant’s objection and were insufficient to preserve issue for appeal DBP Holding Corporation and Hartford Casualty Insurance Company v.

Margarete Konupka Moore Summary affirmance – no error in commission’s finding that appellee did not refuse an offer of selective employment in January 2013 and reasonably marketed her residual work capacity after being restricted to light duty Antonio O'Keefe Shelton v. Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to prove appellant lied about the weapon being in his hand in order to conceal that the weapon was actually hidden elsewhere on his person; conviction of misdemeanor carrying a concealed weapon affirmed Sheila M. Lizardi No error in trial court’s findings that appellant did not prove constructive fraud by clear and convincing evidence, that the terms of the agreement were not so grossly disparate as to support a finding of unconscionability, and that appellee was entitled to attorneys’ fees and costs under the terms of the agreement Alicia Lea Thomas and Corey Bryce Hundley v. Devin Len Shrout Judgment of trial court affirmed where Court finds a timely filed transcript or written statement of facts is indispensable to a determination of the assignments of error raised on appeal Lotoria Carlos v. City of Virginia Beach Department of Human Services Summary affirmance – trial court did not err in terminating appellant’s parental rights to her eleven children where appellant was unable to show that she could apply what she had been counseled to do in the best interests of the children Michael Sean Eskridge v. Washington County Department of Social Services Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child where evidence proved appellant did not substantially plan for future of child or maintain contact with child for a period of six months after child was placed in foster care Clifton Lewis Flora, III v. Shenandoah County Department of Social Services Summary affirmance – no error in trial court’s finding that termination of appellant’s parental rights to his child was in child’s best interests Commonwealth of Virginia v.

Barbara Ann Keen Judgment of trial court dismissing indictments against appellee for speedy trial violation affirmed where nothing in record provides basis to conclude trial court erred in holding appellee’s statutory right to a speedy trial had been violated Soudabeh White v. Malcolm White No error in trial court’s decision to register the foreign custody order under the UCCJEA or to award appellee, the prevailing party in the registration litigation, his attorneys’ fees and costs Wara Wara, Inc., t/a Wara Wara v. Virginia Department of Alcoholic Beverage Control Trial court did not err in upholding decision of appellee that appellant violated ABC regulations when it served alcohol after 2:00 a.m. And that appellant violated ABC regulations by selling two or more drinks for one price Charter Oak Fire Insurance Company v.

Gregory Morgan and Sandra Caudill No error in commission’s awards of benefits to appellees where it found their injuries were compensable because they arose out of their employment Sophia Marquita Shadley v. Norfolk Department of Human Services Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child pursuant to Code § 16.1-283(B) and (C)(2) Latoya Yvette Wilson v. Commonwealth of Virginia Trial court did not err in denying motion to suppress where officer had reasonable suspicion of a violation of Code § 46.2-848 sufficient to conduct a traffic stop of the vehicle in which appellant was a passenger; conviction of possession of marijuana with intent to distribute affirmed Suzanne Coffman v. Virginia Mennonite Retirement Community and Wausau Business Insurance Company Summary affirmance – no error in commission’s finding that appellant failed to prove her leg symptoms were a compensable consequence of her workplace accident Robin Vince, s/k/a Robin Renee Vince v. Commonwealth of Virginia Trial court did not abuse its discretion in allowing expert to testify where that testimony did not invade province of fact finder by testifying to the ultimate issue of fact; trial court’s error in allowing expert witness to remain in courtroom during appellant’s testimony harmless Courtney E.

University of Virginia Health System/Commonwealth of Virginia Error in commission’s award of benefits based on a 43% impairment rating of appellant’s upper extremity where no credible evidence in the record supported that finding Heather Amber French v. Roanoke City Department of Social Services No error in trial court’s finding that termination of appellant’s parental rights to her children was in their best interests Drug Transport, Inc.

And New Hampshire Insurance Company v. McCarter Williams Summary affirmance – commission did not err in awarding appellee medical benefits for a neck injury where it found doctrine of res judicata did not bar recovery David Lee Washington v. Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to prove appellant procured a controlled substance by concealment of a material fact; appellant’s assertion that trial court relied on statements that had been properly excluded is without merit Commonwealth of Virginia v. Abdul Rahman Cole Trial court erred in granting appellee’s motion to suppress where trial court applied wrong legal standard in assessing the constitutionality of the jail’s strip search policy Bernard Vernon West v. Commonwealth of Virginia No error in trial court’s revocation of appellant’s suspended sentence where it retained jurisdiction over the case and could revoke the balance of the suspended sentence for the relevant probation violations Sheila Juanita Somerville, s/k/a Shelia J. Somerville v.

Commonwealth of Virginia No error in jury’s determination that evidence was sufficient to prove appellant used a substance proscribed by Code § 18.2-312 to cause bodily injury Mark Lowe v. Commonwealth of Virginia, et al. Appeal dismissed as moot where order appealed from was vacated by trial court Anthony Arthur Sabio v. Maribelle Bautista Sabio Trial court erred in finding term “marital share” was ambiguous and in admitting parol evidence; trial court did not abuse its discretion in refusing to award appellant attorney’s fees that he incurred in litigating the erroneously awarded pendente lite attorney’s fees Mark Lowe v. Commonwealth of Virginia, et al. Summary affirmance – trial court did not err in granting appellee’s motion to dismiss appellant’s motion to amend his child support obligation and holding that appellant’s child support obligation remained at $1,074 per month Travis Conley Jones v.

Bristol Department of Social Services Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child Carter W. Matney, s/k/a Carter Wayne Matney v. Commonwealth of Virginia Argument that trial court erred in refusing to grant appellant’s request to be resentenced by a jury barred by Rules 5A:18 and 5A:12; appellant’s mandatory minimum sentence of two years for possession of a firearm by a non-violent felon affirmed Kiva Williams-Kemp v. Prince Edward Department of Social Services Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child where evidence showed it was in child’s best interests and it was not reasonably likely that appellant could substantially remedy or correct abuse or neglect leading to child’s removal within a reasonable period of time Gianna Biancha Cicilese v. Commonwealth of Virginia Trial court erred in finding evidence was sufficient to prove appellant conspired with another to distribute marijuana on August 10, 2012; conviction of conspiracy to distribute marijuana reversed and dismissed John Paul Jones v.

Loudoun County No error in commission’s denial of benefits for appellant’s right forearm and right hand where evidence did not prove they were causally related to the work-related accident Full Circle Concepts II, LLC v. Lamont Cherry, et al. Commission did not err in declining to apply doctrine of equitable estoppel where appellant’s reliance on any misrepresentations was not warranted or justified; holding that insurance company complied with Code § 65.2-804(B) affirmed where it met its burden of showing actual receipt of notice of cancellation Estate of Jose Fidel Arroyo v. Carlos Ramirez and Auto Owners Insurance Company No error in commission’s findings that the evidence failed to establish that the injury to Arroyo arose out of his employment and that the presumption found in Code § 65.2-105 was inapplicable in this case Torrey Lavell Washington v. Commonwealth of Virginia No error in trial court’s denial of appellant’s motion to strike where sufficiency of the evidence was a question for the jury and the jury weighed the conflicting evidence and made a factual determination of expert credibility Brandon Valentin v.

Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to prove that appellant acted with the requisite intent to attempt to engage in anal intercourse with the victim and that he committed a sufficient act in furtherance of that intent Tyron Gilliam v. Commonwealth of Virginia Trial court did not err in denying appellant’s motion to suppress where officer had reasonable, articulable suspicion that appellant was engaged in unlawful activity Jamal Kemo Saunders v. Commonwealth of Virginia No error in appellant’s conviction of possession of a firearm by a convicted felon under Code § 18.2-308.2(A)(iii) where evidence was sufficient to prove object appellant possessed was a firearm and record fails to rebut presumption that trial court applied the correct law regarding definition of a firearm Roger Smith v. Dominion Technical Solutions and Virginia Electric and Power Company Decision of commission affirmed except insofar as it pertains to finding that appellant was not entitled to temporary total disability benefits after January 29, 2013 Brodrick C. Cheryl Roberts No error in trial court’s decision terminating appellee’s spousal support obligation to appellant; trial court erred in finding appellant’s counsel in contempt and in appointing a guardian ad litem to represent appellant Hawa Coulibaly v.

Arlington Department of Human Services, et al. Summary affirmance – trial court did not err in dismissing appellant’s petition for appeal where it was not timely filed and court had no authority to extend the filing deadline J.

Kent & Sons, Inc., et al. Richard Kilby No error in commission’s finding that appellee’s claim relating to his bilateral sacroiliac joints was not barred by the statute of limitations despite such claim not being filed within two years of the date of the compensable accident Mark Holmes v.

Culver Design Build, Inc. And Virginia Board for Contractors Trial court did not err in dismissing appellant’s petition for appeal as appellant was not aggrieved by the Board’s finding and lacked standing to appeal the Board’s decision Jason Lafia v. Roanoke City Department of Social Services No error in trial court’s finding that appellee presented clear and convincing evidence that termination of appellant’s parental rights to his child was in child’s best interests and that appellee proved statutory requirements of Code § 16.1-283(E) Shonda Renee Lindsey v. Stafford Department of Social Services Summary affirmance – trial court did not err, based upon totality of the evidence, in terminating appellant’s parental rights to her child Salena Nichole Showers v.

Shenandoah Valley Department of Social Services Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children after finding it was in the children’s best interests to do so; appellant’s arguments regarding statement of facts barred by Rule 5A:18 Salena Nichole Showers v. Shenandoah Valley Department of Social Services Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children after finding it was in the children’s best interests to do so; appellant’s arguments regarding statement of facts barred by Rule 5A:18 Salena Nichole Showers v.

Shenandoah Valley Department of Social Services Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children after finding it was in the children’s best interests to do so; appellant’s arguments regarding statement of facts barred by Rule 5A:18 Salena Nichole Showers v. Shenandoah Valley Department of Social Services Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children after finding it was in the children’s best interests to do so; appellant’s arguments regarding statement of facts barred by Rule 5A:18 Robert E. Commonwealth of Virginia Trial court did not err in conditioning appellant’s suspended sentence on indefinite periods of good behavior and supervised probation Rhonda Kirschmann v. Dolly Kirschmann Judgment of trial court awarding custody of child to appellee affirmed where appellant’s assignments of error were not preserved pursuant to Rule 5A:18 and as appellant’s failure to comply with Rule 5A:20(e) is significant, Court will not consider her assignments of error Dwight Thomas Grant, II v. Allison Joy Quigley Summary affirmance – trial court’s order awarding sole custody of parties’ children to appellee and ordering appellant to have no contact with children unless approved by the children’s health care providers and the guardian ad litem affirmed Jennifer Dawn Carwile v. Department of Social Services for Campbell County Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child Eric Eugene Black v. Department of Social Services for Campbell County Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child Michael Edward Wyatt v.

Commonwealth of Virginia Evidence was sufficient to support appellant’s convictions of statutory burglary, grand larceny, and possession of a firearm by a convicted violent felon Commonwealth of Virginia v. Jermaine Durell Spence Trial court erred in granting appellee’s motion to suppress the evidence because the seizure of appellee was proper under the Fourth Amendment Kiet Anh Pham v. Bui Summary affirmance – trial court did not abuse its discretion in granting sole custody to appellee and denying appellant visitation with the child at this time Milford Washington v. Faye Denise Lucas No error in trial court’s finding that it did not have personal jurisdiction over appellee to adjudicate appellant’s petition for separate maintenance Derrick Hamilton v. Loudoun County Department of Family Services Summary affirmance – evidence was sufficient to support trial court’s finding that appellant’s children were in need of services Charles J.

DeLanoy Trial court’s order pertaining to issues of fault grounds for divorce, equitable distribution, and spousal support affirmed in part and reversed in part Christina Robinson v. Madison County Department of Social Services Trial court erred in treating appellant’s appeal from the JDR court as withdrawn and terminating appellant’s parental rights to her children as withdrawn where nothing in record indicated that appellant received proper notice of the circuit court hearing date Orthopaedic and Spine Center v. Keystone Automotive Industries, Inc., et al. Commission erred in finding employer met its burden of proving a contractual relationship that would entitle it to benefit from discounts specified in the contract between appellant and another provider RDW Home Improvement, Inc. And Accident Fund Insurance Company v.

Justin Wilson Commission did not err in awarding benefits to appellee where appellee sustained a compensable injury by accident arising out of his employment Marcus Abrams v. Washington Metropolitan Area Transit Authority Commission did not err in terminating appellant’s award of temporary total disability benefits where it found that appellee proved that appellant could return to his pre-injury employment Carla Bridget Torres-Lara v.

Accomack County Department of Social Services No error in trial court’s decision terminating appellant’s parental rights to her son where decision was supported by clear and convincing evidence that termination was in child’s best interest Eric Christopher McCarter v. Commonwealth of Virginia Trial court erred in admitting officer’s testimony regarding daughter’s age into evidence as it was inadmissible hearsay; convictions of contributing to delinquency of a minor reversed and remanded to trial court Christina Maxson, s/k/a, etc. Stafford County Department of Social Services Summary affirmance – no error in trial court’s determination that termination of appellant’s parental rights to her child was in child’s best interests Travis Deon Stanley v. Commonwealth of Virginia Trial court did not err in denying appellant’s mid-trial motion to examine an empaneled juror who indicated that she knew or recognized a witness in the case; trial court did not err in denying motion for mistrial where nothing in record shows its prior determination of impartiality reached at conclusion of voir dire process was undermined Commonwealth of Virginia v.

James Gerard Phillips, Jr. Trial court erred in granting appellee’s motion to dismiss where there was probable cause to believe the container the appellee attempted to hide and then discard in his vehicle contained a controlled substance Donnie Ray Exline, Sr. Commonwealth of Virginia Trial court did not err in denying appellant’s motion for a mistrial or his motion to set aside the verdict A & G Coal Corporation and New Hampshire Insurance Company v. Edward Bright Summary affirmance – commission did not err in refusing to leave the record open after the hearing to permit appellants to obtain an independent medical examination of appellee, in finding appellee proved he sustained a work injury by accident, and in concluding appellee proved a mechanical change in his body caused by the accident Tyrone L. Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to prove victim suffered permanent and significant physical impairment Maria D. Fairfax County Public Schools Commission did not err in calculating appellant’s average weekly wage for periods of temporary total disability by dividing her salary by 52 weeks instead of the actual number of weeks she worked as a teacher’s aide Ann M.

Hutchinson v. Hutchinson, III Trial court erred in directing appellant to escrow proceeds from property already sold as that requirement was not part of divorce decree or agreement; trial court did not err in refusing to allow either party attorney’s fees and costs James Leonard Parsons v. Ann Gallier Parsons No error in trial court’s determination of appellant’s income, in its award of spousal support to appellee based on that income, or in its classification of certain real estate parcels as marital property Ann Gallier Parsons v. James Leonard Parsons Judgment of trial court regarding amount of appellee’s income, amount of award of spousal support to appellant, and its distribution of parties’ marital rental properties affirmed Melody Katrice McNeil v. Pulaski County Department of Social Services Summary affirmance – no error in trial court’s decision terminating appellant’s parental rights to her son James D.

Cox, s/k/a James Davis Cox v. Commonwealth of Virginia Trial court did not err in denying appellant’s motion to strike where evidence was sufficient to prove appellant possessed a sawed-off shotgun LaDawn Shrieves King v.

Commonwealth of Virginia Petition for Rehearing En Banc granted John Victor Dritselis v. Mary Tsakires Dritselis Trial court’s order finding appellee proved a change in circumstances and reducing her spousal support obligation to appellant affirmed Northern Virginia Training Center/Commonwealth of Virginia v. Cecelia Adomako Commission did not err in crediting doctor’s opinion that appellee suffered functional impairment to her right arm as a result of her injury to her shoulder; award of permanent partial disability benefits affirmed Lynn Winston Wheeler v. Commonwealth of Virginia Trial court did not err in denying appellant’s motion to suppress where officers had probable cause to believe evidence of a crime was in the residence and exigent circumstances justified dispensing with the warrant requirement Tremone Minter v.

Commonwealth of Virginia Trial court erred in denying motion to suppress where officers did not articulate sufficient facts to objectively justify the conclusion that officer had a reasonable suspicion that appellant possessed a concealed weapon at time of seizure Veronica L. Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to support general district court judge’s finding of contempt of court where appellant appeared in that court to request a restricted driver’s license while appearing to be under the influence of drugs G4S Government Solutions, Inc., et al. Brenice McDonald Commission erred in finding appellee established her injuries arose out of a risk of her employment Andy Emami v. Roberta Harlowe Summary affirmance – no error in trial court’s classification of former marital residence, appellee’s retirement accounts, or appellee’s credit card debt in final decree Commonwealth of Virginia v.

Mark Nathaniel Vick, III Trial court did not err in granting motion to suppress where the apparent consent to search was invalid because the consent was not voluntarily given Loudoun County Public Schools, et al. Jackson Summary affirmance – no error in commission’s finding that specific medical expenses, including mileage, were causally related to her compensable injury by accident and medically necessary Brandon Creasey v. GP Big Island, LLC, et al. No error in commission’s order dismissing appellant’s claim for permanent partial disability benefits and denying his claim for temporary total disability benefits GP Big Island, LLC, et al. Creasey No error in commission’s finding that appellee’s injury arose out of his employment due to the connection between the height of the step and appellee’s injury Mark O'Hara Wright v. Commonwealth of Virginia No error in jury’s finding that evidence was sufficient to support convictions of grand larceny from the person, malicious wounding by means of a caustic substance, assault and battery of police officer, obstruction of justice, petit larceny, and contributing to delinquency of a minor Anne-Lise Quinn v.

Irons Trial court did not abuse its discretion in finding appellant in contempt of court for violating section of marital settlement agreement where she was to retain college savings accounts for two of the minor children Rubina Azam, f/h/a Rubina Miah v. Azhar Miah Summary affirmance – no error in trial court’s custody and visitation order awarding custody of child to appellee and his parents; trial court did not err in refusing to appoint a guardian ad litem for the child Edward Chilton, s/k/a Edward Corndell Chilton v. Commonwealth of Virginia Trial court erred in finding evidence was sufficient to support conviction of strangulation where evidence did not prove that application of pressure to victim’s neck resulted in a bodily injury Freddie Lee Hall, Jr. Commonwealth of Virginia No reversible error in trial court’s decision to admit a receipt found in appellant’s vehicle into evidence where receipt was of minimal evidential value and there was an extensive amount of direct and circumstantial evidence linking appellant to victim’s murder and its concealment Alkeim Dwaine Howard v. Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to prove appellant intended the natural consequences of his actions and had the specific intent to kill officer at the time he choked him Virginia Board of Veterinary Medicine v. Leonard No error in trial court’s decision to allow appellee’s regulatory interpretation argument; trial court erred in not affording proper deference to appellant’s interpretation of its own regulation; decision of trial court reversed and appellant’s decision reinstated Donald Arthur Herrington v.

Commonwealth of Virginia Trial court did not err in denying appellant’s motion to quash amended indictment, in denying motion to dismiss indictment on speedy trial grounds, in denying motions for mistrial, in granting Commonwealth’s motion for continuance; trial court did not refuse to allow appellant to represent himself; evidence was sufficient to prove an intent to distribute Washington Dulles International and Ins. Of the State of Pa. Atia Elyass Summary affirmance – commission did not err in awarding appellee temporary total disability benefits or in finding that appellants failed to establish doctrine of res judicata Mirgazy Koroshev v. Commonwealth of Virginia Appellant’s conviction of violating a protective order affirmed where trial court did not err in admitting preliminary protective order into evidence or in finding appellant had proper personal service and notice of terms of order; issue regarding court’s response to jury question barred by Rule 5A:18 Octavila Garcia v. Loudoun County Department of Family Services Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child pursuant to Code § 16.1-283(E) Octavila Garcia v. Loudoun County Department of Family Services Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child pursuant to Code § 16.1-283(E) Willetta Blount Holmes v. City of Richmond Department of Social Services Summary affirmance – trial court did not err in terminating appellant’s parental rights to two of her children or in approving a permanent placement goal of placement with relatives for two of her children Catherine Streat Lanier v.

Paul Owen Lanier, II Summary affirmance – no error in trial court’s order terminating appellee’s spousal support obligation to appellant based on a material change in circumstances Scott Lee Hardy v. Poston Summary affirmance – trial court did not err in proceeding on petition for adoption after granting motion to strike on petition for termination of parental rights; no error in trial court’s finding that appellant withheld his consent to adoption of his children by appellee contrary to their best interests Paul H. Sherri Sue Blalock Summary affirmance – trial court did not err in modifying appellant’s spousal support obligation or in refusing to terminate appellant’s spousal support obligation Delores Heffernan, s/k/a Delores O’Brien Heffernan v. Commonwealth of Virginia Trial court erred in holding appellant in summary contempt where the conduct occurred outside of the presence of the court and the court’s knowledge of the conduct necessarily depended on statements made by others Dewitt L. Virginia Employment Commission and E.

Thompson Inc. Summary affirmance – trial court did not err in affirming decision finding appellant was disqualified for benefits because he voluntarily left work without good cause Scott Feltner v. H & S Holdings, Inc. And Hartford Casualty Ins. No error in commission’s finding that appellant failed to prove his accident arose out of his employment LaDawn Shrieves King v. Commonwealth of Virginia Trial court erred in failing to properly instruct the jury on accident where appellant’s theory of the case was supported by more than a scintilla of evidence; convictions of malicious wounding and use of a firearm in commission of a felony reversed and remanded to trial court Robert Joseph Miller v.

Commonwealth of Virginia Trial court erred in excluding evidence of victim’s blood alcohol content on the night of the accident as not relevant to establish the cause of the accident that resulted in victim’s injuries; conviction of aggravated malicious wounding reversed and remanded to trial court Malcom Andrew McClease v. Fake Aimpoint Serial Number on this page. Commonwealth of Virginia Appeal dismissed where trial court lacked jurisdiction to enter a second sentencing order, even if the first order contained legal error, as the original order was not void ab initio and the trial court did not vacate the original order until more than twenty-one days has passed Sunrise Adult Day Care Center, LLC v. Commonwealth of Virginia, et al. Appeal dismissed insofar as it pertains to appeal of August 16, 2013 order where no timely notice of appeal to that order was filed; appeal of November 26, 2013 and December 27, 2013 order summarily affirmed Stephen Hersl v. United Airlines, Inc.

Commission did not err in denying appellant’s claim for benefits where appellant did not establish a causal link between the conditions of his workplace and his injuries Crystal Hareford v. Harrisonburg Rockingham Social Services District Summary affirmance – trial court did not err in finding termination of appellant’s parental rights to her son was in child’s best interest Commonwealth of Virginia v. Marcus Wayne Dawson, Jr. Trial court erred in suppressing evidence because search warrant was supported by adequate probable cause without the facts obtained during unlawful protective sweep; remanded to trial court Quyen Vinh Phan Le v. Commonwealth of Virginia No error in appellant’s convictions of three counts of possession of child pornography where evidence was sufficient to prove images of child depicted lewd displays of nudity that made them sexually explicit visual material Debora Sue Auman v. Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to prove appellant was under the influence of alcohol within the meaning of Code § 18.2-36.1(A) and that her impairment was a proximate cause of the victim’s death Spencer Lee Ford, Jr.

Commonwealth of Virginia Appellant’s argument that he was denied due process due to circuit court clerk’s inability to certify record as complete and accurate waived under Rule 5A:18 where appellant sought no relief from the trial court or this Court to correct perceived errors or omissions in record; evidence sufficient to support conviction of aggravated malicious wounding VCU Health System Authority-WC and VCU Health System Authority v. Marsha Booth Commission did not err in awarding appellee medical benefits where it found her injuries arose out of her employment as it found the metal strip was defective and caused appellee’s workplace accident and her subsequent injuries Amparo Sanchez-Castro v. Arlington County Schools and VML Insurance Programs No error in commission’s finding that appellant’s shoulder injury was not compensable because appellant failed to carry her burden of establishing that the injury arose out of her employment Donald Dickerson Wright, II v. Michele Smeltzer Wright Summary affirmance – appellant’s arguments regarding equitable distribution barred by Rule 1:1; argument regarding sale of certain property barred by Rule 5A:20(e) Alfonso Louis Hardy v. Commonwealth of Virginia No error in trial court’s finding that appellant’s term of good behavior had not expired and that it had jurisdiction to revoke appellant’s suspended sentence based on his new conviction during the period of good behavior imposed in 2010 order where that order was merely voidable and not subject to collateral attack Lonnie Alan Burch v. Commonwealth of Virginia Trial court did not err in refusing to instruct jury that appellant was entitled to use self-defense to resist an unlawful arrest where no arrest occurred as appellant was already incarcerated and appellant was not under arrest at the time of the assault Moses Ulysess Harris v.

Commonwealth of Virginia Trial court did not err in denying appellant’s motion to suppress video cassette or in denying appellant’s motion for a continuance; victim’s testimony was sufficient to support convictions of two counts of rape, two counts of carnal knowledge, five counts of taking indecent liberties by a custodian, and one count of manufacturing child pornography Richard Ragsdale v. Lunenburg Department of Social Services Summary affirmance – trial court did not err in terminating appellant’s parental rights to his two children based on Code § 16.1-283(B Smurfit-Stone Container Enterprises, Inc. And RockTenn CP, LLC v. Darrell Jones No error in commission’s award of benefits to appellee where evidence supports decision with regard to the medical evidence and commission’s decision regarding appellee’s marketing efforts is supported by credible evidence Tomeka Beasley v. Lunenburg Department of Social Services Summary affirmance – trial court did not err in terminating appellant’s parental rights to her two children based on Code § 16.1-283(B) Medela, Inc. And Arrowood Indemnity Company, etc.

Kelly Antekeier Summary affirmance – no error in commission’s decision finding appellants responsible for certain necessary medical treatment casually related to appellee’s industrial accident Carnell Lester Jackson v. Commonwealth of Virginia Trial court did not commit manifest error or abuse its discretion in refusing to strike Juror 15 for cause Jerson Javier Jara Travezano v. Commonwealth of Virginia Trial court did not err in interpreting Code § 16.1-284 to provide trial court with discretion to commit a “delinquent child” to the Department of Juvenile Justice for an indeterminate period or in committing appellant to the Department of Juvenile Justice after he reached the age of 18 Norman Leo Madison v. Commonwealth of Virginia Appellant’s assertion that the Commonwealth’s explanation for striking four African-American members of the venire was a pretext for racial discrimination barred by Rule 5A:18 as it was not raised in the trial court Michael Sattelmaier v.

Credit Control Services, Inc. And Hartford Underwriters Inc.

Commission erred in relying solely on doctor’s notes and disregarding appellant’s uncontradicted, unimpeached testimony that his dental treatment was causally related to the work injury Maria Angela Cook v. Volvo Fredericksburg, et al. Summary affirmance – no error in commission’s finding that appellant failed to prove she developed neutropenia as a compensable consequence of her work accident Maria Aguilar v. Harrisonburg Rockingham Social Services District No error in trial court’s finding that appellee proved by clear and convincing evidence that the child’s abuse presented a serious and substantial threat to her life, health or development and that it was not reasonably likely that the conditions resulting in such abuse or neglect could be substantially corrected to allow the child’s safe return Clifton Lee Harris v. Laura Teresa Harris Trial court did not err in dismissing appellant’s complaint to rescind the parties’ post-nuptial agreement where it determined doctrine of res judicata applied as agreement had been incorporated into final decree of divorce which became final 21 days after its entry Ronnie Matthew Cousins v.

Commonwealth of Virginia Evidence was sufficient to prove appellant was the operator of the vehicle and that he used the vehicle without the owner’s consent; appellant’s arguments regarding whether he had knowledge a person was injured and whether he rebutted the presumption that he was driving under the influence barred by Rule 5A:18 Emmanuel Artis v. Commonwealth of Virginia Trial court erred in excluding video recording which was relevant to determine whether Commonwealth’s witnesses were biased against appellant; appellant’s conviction of trespassing reversed and matter remanded to trial court for further proceedings Carle Whitehead, Jr.

MPW Industrial Services, Inc., et al. Summary affirmance – appellant’s failure to comply with Rules 5A:20 and 5A:25 is significant and Court will not consider appellant’s arguments Amirah Alfarqui v. Newport News Department of Human Services Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child Amirah Alfarqui v. Newport News Department of Human Services Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child Amirah Alfarqui v. Newport News Department of Human Services Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child Amirah Alfarqui v. Newport News Department of Human Services Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child Patricia Henley v. Bristol Department of Social Services Summary affirmance – trial court did not err in terminating appellant’s parental rights to her four children Cornell McDaniel Branch v.

Commonwealth of Virginia Decision of trial court not to take case under advisement and defer disposition affirmed where record does not show that trial court ruled it lacked the authority to do so Angela M. Martin Trial court erred in denying appellant’s motion for visitation and granting appellee’s petition regarding adoption of child without hearing all the evidence; matter remanded to trial court for further proceedings The Salvation Army and Chesterfield Services, Inc.

Veronica Banks Summary affirmance – no error in commission’s finding that a YMCA membership, as recommended by appellee’s treating physician, was reasonable, necessary, and causally related to her compensable shoulder injury Redeemer Lutheran Church and Brotherhood Mutual Insurance Co. Judith Weaver Summary affirmance – no error in commission’s finding that appellee sustained a compensable injury arising out of her employment Virginia Hospital Center and Safety National Casualty Corp. Faustine Cooper Summary affirmance – no error in commission’s finding that appellee’s recommended surgery was causally related to her compensable injury Mattie Mae Woodberry v.

Commonwealth of Virginia Trial court did not err in denying appellant’s motion to suppress search of appellant’s vehicle where police were justified in searching both passenger compartment and trunk; argument regarding her statement to officer waived under Rule 5A:18 Janice Wolk Grenadier v. David Mark Grenadier No error in trial court’s denial of appellant’s motions pursuant to Rule 1:1 Associated Aluminum Products and et al. Silvestre Elvira-Menez, et al. No error in commission’s finding that appellee’s injury arose out of his employment or its finding that appellant was appellee’s statutory employer; award of benefits affirmed Kristin L. Sullivan Summary affirmance – order of trial court confirming legal and physical custody of children continues with appellee and denying visitation to appellant affirmed Willetta Blount Holmes v. City of Richmond Department of Social Services Summary affirmance – termination of appellant’s parental rights to her children and decision approving a permanent goal of placement with relatives for her children affirmed where appellant failed to timely file a transcript or statement of facts and one is needed to determine issues raised on appeal Rockingham Memorial Hospital, etc.

Mary Beth Bailey Summary affirmance – no error in commission’s finding that appellee’s current condition and surgery were reasonable, necessary, and causally related to her prior work accident Xin Li v. Town of Herndon No error in trial court’s finding that appellant was an “operator” of the massage establishment based upon her admission that she was the manager Brian Lamont Moore v. Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to prove appellant forged the check, uttered the forged check, and deprived the owner of property valued in excess of the statutory minimum Shannon Hough v. Mathews Department of Social Services Summary affirmance – order terminating appellant’s parental rights to her son affirmed Arleequa McKie v. Richmond Department of Social Services Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child Basil Jabbaar Neblett v. Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to prove fair market value of stolen cell phone met or exceeded threshold requirement for grand larceny Bruce Edward Cahill v.

Cahill Trial court did not abuse its discretion in awarding appellee $22,540.88 for her attorney’s fees and costs incurred on prior appeals and on remand Daniel F. Broadhurst 810-11566, et al. Daniel Broadhurst Summary affirmance – no error in commission’s decision amending the average weekly wage of appellee Dainna Lynn Kemp v.

Commonwealth of Virginia Trial court erred in finding evidence sufficient to prove a conviction of child neglect where evidence did not prove the filthy conditions of house demonstrated a reckless disregard for human life or that child was subjected to a substantial risk of serious injury or death; conviction reversed and indictment dismissed Tyrone Parker v. Commonwealth of Virginia Trial court did not err in denying appellant’s motion to suppress where totality of circumstances demonstrates encounter was consensual until officer learned appellant had possession of a bicycle reported stolen and arrested appellant Commonwealth of Virginia v. Anthony Newsome Trial court erred in running one year of sentence imposed for possession of a firearm while possessing with the intent to sell more than one pound of marijuana concurrently with the sentence imposed for possession of a firearm by a nonviolent convicted felon; matter remanded to trial court for resentencing Frederick W. Plaisted Trial court erred in ordering appellant to transfer a one percent interest in his membership interest in a commercial real estate partnership to appellee; remainder of judgment affirmed; remanded to trial court for further proceesings Storme Gary Swann, a/k/a, etc. Commonweatlh of Virginia Trial court erred in allowing officer to testify as to the content of the anonymous tip he received from Crime Solvers Jessica Johnson v. Commonwealth of Virginia No error in trial court’s finding that evidence was sufficient to prove a breaking and entering occurred, that the larceny occurred simultaneously with the breaking, and that appellant’s unexplained possession of recently stolen property gave rise to inference that she was guilty of breaking and entering and grand larceny Codarrell Lee Yates v. Commonwealth of Virginia No error in trial court’s finding that appellant’s unexplained possession of recently stolen property gave rise to inference that he was guilty of breaking and entering and grand larceny James C.

Caldwell Trial court did not err in its interpretation of parties’ post-separation agreement or in finding appellant breached his obligations under the health insurance provisions section of the agreement Chesterfield County Public Schools v. Patrick Decision of commission affirmed as appellant was not denied due process by the commission’s decision to award temporary partial disability benefits to appellee Rockingham Memorial Hospital, et al. Maureen Norris Summary affirmance - no error in commission’s finding that appellee suffered compensable injuries arising out of her employment and that her care was authorized treatment Raijai Riddick, s/k/a Rajai Riddick v. Commonwealth of Virginia Trial court erred in holding that evidence was sufficient to convict appellant of child neglect under Code § 18.2-371.1(B)(1) Target Corporation and Sedgwick Claims Management v. Hussein Commission did not err in awarding appellee additional medical benefits related to her work injury Carlson Bryant Folly v. Commonwealth of Virginia Trial court did not err in denying appellant’s motion to suppress where officer had a reasonable suspicion based on totality of circumstances known to him at time of stop that appellant was or was about to be engaged in criminal activity; evidence was sufficient to prove that appellant intended to possess cocaine and distribute it to others Bayard Bryon Campbell v.

Laura Pendleton Campbell Judgments of trial court pertaining to spousal support and equitable distribution affirmed in part, reversed in part, and remanded to trial court for further proceedings Lori Dennis v. York-Poquoson Department of Social Services Summary affirmance – trial court did not err in terminating appellant’s parental rights to her three children and approving the foster care plans with the goal of adoption Phillip David Yaconis v. Commonwealth of Virginia No error in appellant’s convictions of statutory burglary, petit larceny, and larceny with intent to sell where evidence proved that home appellant broke into was a dwelling house, that appellant entered house with intent to commit larceny; trial court did not err in excluding any evidence that house had been condemned and in imposing post-release supervision Jacobi Frazier v. Commonwealth of Virginia Trial court did not err in denying appellant’s motion to suppress where trial court concluded that probable cause supported appellant’s arrest and any search incident to that arrest was proper Stephanie Wallace v. Commonwealth of Virginia Trial court did not err in finding evidence was sufficient to prove appellant intended to distribute the marijuana in her vehicle Laura McGhee v. Henrico Department of Social Services Trial court did not err in finding evidence was sufficient to support termination of appellant’s parental rights to her children under Code § 16.1-283(C)(2) or in entering permanency planning orders with goal of adoption Charles McGhee v.

Henrico Department of Social Services Trial court did not err in finding evidence was sufficient to support termination of appellant’s parental rights to his children under Code § 16.1-283(C)(2) Commonwealth of Virginia v. Charles Albert Massey, III Appeal dismissed where statute allowing Commonwealth a limited right of appeal does not encompass appeals from evidence excluded under the Rules of Evidence Velma Shante Chambers Ayres v. Cumberland County Department of Social Services Summary affirmance – no error in trial court’s finding that evidence was sufficient to find termination of appellant’s parental rights to her child was in child’s best interests Rhiannon Williams v. Charlottesville Department of Social Services Summary affirmance – no error in trial court’s finding that evidence was sufficient to prove that appellant abused or neglected her child Antonio Freeman v. Commonwealth of Virginia.