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Court of Appeals of Virginia Unpublished Opinions

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0115243 Tyler O'Neal Dolsey v. Commonwealth of Virginia 11/19/2024
Trial court did not abuse its discretion denying appellant's motion to withdraw his guilty pleas; colloquy demonstrates he was well aware of consequences of his plea agreement, failed to meet burden of honest mistake argument, and Commonwealth would be unduly prejudiced by withdrawal

0624232 Montana O'Brien Talbert v. Commonwealth of Virginia 11/19/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict appellant of first-degree murder; no abuse of discretion admitting police reports from prior conviction into evidence at sentencing; claims of error regarding expert qualification and opinions, allowing body-camera video, and excluding appellant's statement not preserved, Rules 5A:18, 5A:20

0761232 Mayo's Island, L.C. v. Virginia Commonwealth University, et al. 11/19/2024
Trial court did not err sustaining demurrer to appellant's breach of contract claim; facts pled fell short of alleging claim that appellee breached contract by exercising early termination clause; asserting affirmative defense of impossibility does not salvage legally insufficient facts alleged in pleading

0798231 Tristan Anthony Poor v. Commonwealth of Virginia 11/19/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of forcible sodomy of a child, attempted forcible sodomy of a child, and indecent liberties of a child by one in a supervisory relationship; child's testimony along with other evidence established appellant committed the offenses

0879233 Derrick Lashawn Wright v. Commonwealth of Virginia 11/19/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of possession with intent to distribute cocaine, fentanyl, methamphetamine, and marijuana and possession of controlled substance while in possession of a firearm; evidence sufficient to establish constructive possession of drugs and firearm

1345231 David Wayne Davis, Jr. v. Commonwealth of Virginia 11/19/2024
Trial court did not err finding evidence sufficient to prove appellant caused bodily injury to victim with requisite intent or malice and to convict appellant of malicious wounding; evidence supports finding appellant acted with malice

1916231 Trevon Jereen McRae v. Commonwealth of Virginia 11/19/2024
Judgment affirmed as trial court did not err denying motion to suppress statements and evidence derived therefrom; officer had reasonable suspicion to initiate stop and lawfully extended stop on noticing partially concealed firearm; probable cause assignment of error waived, Rule 5A:18

2054232 Angela Blalock, et al. v. Chesterfield-Colonial Heights Department of Social Services 11/19/2024
Trial court did not abuse its discretion finding requirements of Code § 16.1-283(C)(2) met by clear and convincing evidence; termination in the best interest of the children, appellant without good cause had not substantially remedied conditions that brought children into foster care, and DSS made reasonable and appropriate efforts to assist appellant

0638231 Colonial River Wealth Advisors, LLC v. Revolutionary Lion, LLC 11/12/2024
Judgment affirmed as trial court did not err granting unlawful detainer action and awarding damages and attorney fees; appellant's argument it was not required to pay rent due to error in lease waived; insufficient record to determine claim court lacked subject matter jurisdiction, Rules 5A:8, 5A:18

1133234 Renee B. Jauregui v. Shannon J. Cothran, M.D. 11/12/2024
Trial court erred finding continuing treatment rule did not extend statute of limitations and finding claim time barred; continuing treatment rule applies in the absence of treatment when improper examinations resulted in a failure to treat; appellant's last visit part of continuous and substantially uninterrupted course of treatment; judgment reversed and remanded

1311232 Ingleside Emergency Group, LLC, et al. v. Michele H. Hollis, M.D. 11/12/2024
Trial court did not err denying plea in bar to appellant's suit for wrongful termination in violation of the Virginia Whistleblower Protection Act; recognition by appellee in March 2021 she was not scheduled to work April 2021 was not sufficient to constitute a prohibited retaliatory action by appellant; matter remanded for further proceedings

1318221 Joel Aaron Burrell v. Commonwealth of Virginia 11/12/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict appellant of second-degree murder and use of a firearm; no error denying motions to suppress evidence and set aside jury verdict; no abuse of discretion admitting records and granting jury instruction; arguments waived challenging mistrial and denial of speedy trial motion, Rule 5A:18

1400232 Danene Ade Stokes v. Commonwealth of Virginia 11/12/2024
Trial court did not err finding evidence sufficient to convict appellant of involuntary manslaughter and related firearms convictions; sufficient evidence to find appellant acted with criminal negligence and recklessly shot and killed the victim after inviting him inside her home

1741233 William Eldred Norwood v. Commonwealth of Virginia 11/12/2024
Trial court did not err denying motion to suppress evidence found following a traffic stop; officer had reasonable and articulable suspicion to stop vehicle as appellant remained in the far-left lane of Interstate 81, driving below the posted speed limit while not passing or overtaking any other vehicles

0259234 Monica Drasovean v. Steven Walts, et al. 11/06/2024
Trial court erred granting plea in bar based on sovereign immunity; appellees were school board employees sued in their official capacities; claim of derivative sovereign immunity from the School Board, a municipal corporation, overcome by claims of gross negligence; reversed and remanded to determine if appellees' actions amounted to gross negligence

0737231 Curtis Benjamin Harrell, III v. Commonwealth of Virginia 11/06/2024
Trial court did not err finding evidence sufficient to find appellant drove his car on a public highway and convicting him of possession of cocaine and driving after forfeiture of a license; no error denying his motion to suppress based on illegal seizure of his person as collective circumstances warranted brief stop

0840233 Raheem Tyree Walters v. Commonwealth of Virginia 11/06/2024
Trial court did not err finding evidence sufficient to convict appellant of possession of methamphetamine and possession of drugs by an inmate; no abuse of discretion determining unbroken chain of custody of lab-tested evidence and admitting certificate of analysis

1334234 Furqan Syed v. Commonwealth of Virginia 11/06/2024
Judgment affirmed as trial court did not abuse its discretion admitting statement appellant made to the police, testimony from a co-conspirator, cell phone records, and camera video footage; no abuse of discretion granting a jury instruction on concert of action as supported by evidence; chain of custody claim as to video footage waived, Rule 5A:20(e)

1383232 Jamar D. Street v. Commonwealth of Virginia 11/06/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of second-degree murder, use of firearm, and shooting in commission of felony; evidence sufficient to prove appellant was the shooter and acted with malice; no abuse of discretion denying motion to strike two jurors for cause

1660232 Kimberly Cullipher v. Spotsylvania County Department of Social Services 11/06/2024
Trial court did not abuse its discretion finding requirements of Code § 16.1-283(C)(2) met by clear and convincing evidence, finding termination in the best interest of the children, and terminating parental rights; neglect or abuse suffered by children presented a serious and substantial threat and not reasonably likely conditions could be corrected in a reasonable period

1703232 Brian Leland Artis v. Commonwealth of Virginia 11/06/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict appellant of soliciting prostitution with a minor and custodial indecent liberties with a child; evidence supports finding appellant provided money in exchange for sex; objection to limitation on cross-examination waived; challenge to conviction for aiding prostitution waived, Rule 5A:18

1848224 Jorge Guevara-Martinez v. Alexandria Department of Community and Human Services 11/06/2024
Petition for Rehearing En Banc granted

2176233 Jose Cristobal Perlamadrid v. Commonwealth of Virginia 11/06/2024
Trial court did not err denying motion to suppress and finding information from consensual pat-down provided probable cause to search appellant's pockets; pat-down revealed meth bubble that officer instantly recognized as drug paraphernalia

2184232 Christopher Thomas Tinsley v. Commonwealth of Virginia 11/06/2024
Trial court did not abuse its discretion denying appellant's motion to exclude audio recordings; other claims including that he had a reasonable constitutionally protected expectation of privacy and that sounds were oral communication waived, Rules 5A:18, 5A:20

2212231 Richard Lee Williams v. Commonwealth of Virginia 11/06/2024
Trial court did not err finding evidence sufficient to convict appellant of distribution of cocaine, third offense; confidential informant's testimony sufficiently corroborated by other evidence

0093231 Antonio Tobias Cuffee v. Commonwealth of Virginia 10/29/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of possession of a Schedule I/II drug, possession of drugs with intent to distribute, possession of a firearm and attempting to flee from a law enforcement officer; no abuse of discretion refusing to dismiss prospective juror for cause

0571231 Demetrius Haywood Grimstead v. Commonwealth of Virginia 10/29/2024
Trial court did not err finding evidence sufficient to convict appellant of grand larceny and conspiracy to commit grand larceny; evidence as a whole supports court's finding he committed offenses of grand larceny as a principal in the second degree and conspiracy

0864231 Chambord Commons, LLC v. Image Business Interiors, LLC 10/29/2024
Trial court erred finding addendum to lease created a separate lease for additional space and applying 60-day termination notice instead of 12 month notice; lease and addendum are unambiguous and addendum cannot be sensibly read as a standalone lease; judgment reversed and remanded for determination of damages due to breach of the lease

1139231 Kristen Ann Kent v. Commonwealth of Virginia 10/29/2024
Trial court did not abuse its discretion finding appellant violated her probation or the terms of the deferred disposition order; no abuse of discretion revoking her suspended sentences, convicting her of the two felony offenses, and sentencing her for new convictions and probation violations

1151234 Tae Soo Chong, et al. v. Jong S. Chong, et al. 10/29/2024
Trial court erred finding that the parties entered an enforceable settlement agreement; emails exchanged between the parties do not provide material terms with sufficient completeness and certainty to fulfill essential purpose of a contract; reversed and remanded for further proceedings

1218234 Michael Lee Guy v. Commonwealth of Virginia 10/29/2024
Trial court did not abuse its discretion admitting testimony about a criminal conviction that was not the basis for revocation in sentencing phase of revocation hearing; no abuse of discretion considering that testimony and imposing sentence above discretionary sentencing guidelines

1221233 Marcus Allen Cooper v. Commonwealth of Virginia 10/29/2024
Judgment affirmed as trial court did not abuse its discretion denying last-minute motion for continuance, denying motion to compel, denying cross-examination on Facebook messages and limiting other impeachment testimony; probative value outweighed by prejudice; other assignments of error waived, Rule 5A:18

1266232 Oksana Marinaro v. Barnes & Diehl, P.C. 10/29/2024
Trial court did not err awarding appellee unpaid attorney fees for appellate work; no abuse of discretion denying appellant's motion for recusal, motion to transfer venue, ruling appellant's jury demand too late, granting appellee's motion in limine, granting appellee summary judgment on counterclaims, and admitting expert testimony on reasonableness of fees

1632232 Roberto Portillo-Rivas v. Commonwealth of Virginia 10/29/2024
Trial court did not err finding evidence sufficient for the jury to determine appellant knew money orders were forged and convict appellant of two counts of uttering

1665234 David S. Chung v. Law Firm of Urban & Falk, PLLC 10/29/2024
Trial court did not err denying appellant's amended motion to dismiss/vacate and reconsider its ruling on nullity; appellee had standing to pursue pre-cancellation remedies preserved by Code § 13.1-1050.5; appellee contractually entitled to recover attorney fees and costs incurred in this appeal and matter remanded to trial court for determination of those fees and costs

1835232 Joseph R. Pope v. Krystal J. Laviena 10/29/2024
Judgment affirmed as trial court did not err dismissing challenge to order releasing sealed items arising from divorce litigation as moot; trial court had jurisdiction to grant post-judgment motion for sanctions entered 20 days after final order; record insufficient to determine whether trial court erred dismissing challenge to protective order as moot, Rule 5A:8(c)(1)

1898234 Michael Lee Guy v. Commonwealth of Virginia 10/29/2024
Trial court did not abuse its discretion denying reconsideration of appellant's sentence without a hearing under the limited exception to Rule 1:1 in Code § 19.2-303; as appellant conceded committing a nontechnical violation of his supervised probation, any confusion regarding basis immaterial to his sentence and reason for imposition of sentence stated at revocation hearing

1900232 Isidro Avalos Vanegas v. Triple S. Pallets, LLC, et al. 10/29/2024
No error in Commission denying appellant's claim for benefits and finding that appellant's injury caused by his willful misconduct, the failure to replace a safety guard on the saw he was operating; Commission could reasonably determine appellant knew the rule, yet willfully failed to put guard in place, Code § 65.2-306(A)(5)

1913233 Timothy Allen Redman v. City of Roanoke Department of Social Services 10/29/2024
Trial court did not err terminating appellant's parental rights under Code§ 16.1-283(C)(2) and approving the foster care goal of adoption; record supports finding Department made reasonable and appropriate efforts to offer rehabilitative services under the circumstances and termination of parental rights was in the best interests of the child

1963233 Tracy Lynn Cline v. City of Roanoke Department of Social Services 10/29/2024
Trial court did not err terminating appellant's parental rights under Code§ 16.1-283(B), (C)(1), and (C)(2) and approving the foster care goal of adoption; record demonstrates termination of parental rights was not plainly wrong or without evidence to support it

0064244 Frank T. Robertson, III, s/k/a, etc. v. Commonwealth of Virginia 10/22/2024
Trial court did not err finding appellant remained a sexually violent predator and failed to meet criteria for conditional release under Code § 37.2-912(A); no abuse of discretion interpreting earlier order that stated appellant may be a viable candidate for conditional release upon review of conditional release plan; court's decision not plainly wrong or without evidentiary support

0122232 Christopher Devon Kirby v. Commonwealth of Virginia 10/22/2024
Judgment affirmed as trial court did not abuse its discretion refusing proposed jury instructions; other instructions fully and fairly covered relevant principles of law; insufficient record to determine whether court abused its discretion by failing a strike a juror for cause; insufficiency of evidence claim not properly preserved; ends of justice exception not applicable, Rule 5A:18

1073233 Boschobel Cox Williams, III v. Commonwealth of Virginia 10/22/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict appellant of malicious wounding; his statements, actions, and brutality of attack were sufficient to find malice; no abuse of discretion allowing cross-examination regarding blood found on bedsheet; claim court erred allowing questions about recorded statements waived, Rule 5A:18

1361231 Trevaun Jabez Brown v. Commonwealth of Virginia 10/22/2024
Trial court did not abuse its discretion denying appellant's motion to suppress firearm; officers had reasonable, articulable suspicion to detain appellant and use of handcuffs was reasonable to protect personal safety and maintain status quo during the stop

1398233 Lance Jonathan Payne v. Commonwealth of Virginia 10/22/2024
Trial court did not err denying appellant's motion to suppress evidence seized during search of appellant and his vehicle; appellant's detention justified based on reasonable articulable suspicion and warrantless search of impounded vehicle reasonable under inventory exception; no violation of Fourth Amendment protections against unreasonable searches and seizures

1401233 Ricardo Manzell Hope v. Commnwealth of Virginia 10/22/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of conspiracy to distribute controlled substance, conspiracy to distribute to an inmate, and attempting to possess with intent to distribute; no abuse of discretion denying motion to continue, refusing to grant proposed jury instructions, and admitting packaged evidence and certificate of analysis

1422231 Peter Lawrence Venoit v. Commonwealth of Virginia 10/22/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of trespass; no abuse of discretion refusing proffered jury instruction where granted instructions adequately informed jury of needed findings

1452234 Scott A. Asalone, a/k/a, etc. v. Commonwealth of Virginia 10/22/2024
Judgment affirmed as trial court did not abuse its discretion denying appellant's post-sentencing motion to withdraw his Alford plea to carnal knowledge; no formal plea agreement and no showing of manifest injustice; due process argument and objection to trial court's finding plea was made knowingly and voluntarily not preserved, Rule 5A:18

1562233 Rodney Ray Williams v. Commonwealth of Virginia 10/22/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of possessing child pornography and distributing child pornography, second or subsequent offense; no abuse of discretion allowing testimony and exhibits of contents of cell phone without producing phone; claim as to testimony identifying phone waived

1672232 Village Avenue Management, LLC, et al. v. Jessica Schofield 10/22/2024
No showing Commission acted arbitrarily interpreting its rules to require appellant to show probable cause to justify request for successive hearing; no showing Commission erred finding appellant's application failed to show probable cause

1789232 Robert Jay Smith v. Commonwealth of Virginia 10/22/2024
Judgment affirmed as trial court did not abuse its discretion denying motion for new trial; appellant failed to meet burden of establishing conflict of interest with trial counsel; no abuse of discretion denying motion for new trial on grounds of juror bias; claim of non-unanimous jury verdict on sexual battery barred, Rule 5A:18

1895224 Darrin Mark Robertson v. Commonwealth of Virginia 10/22/2024
Upon a Reheaing - Judgment affirmed as trial court did not err admitting testimony connecting appellant's phone number to cell phone recovered near crime scene; record does not contain specific testimony appellant claims erroneously admitted; any error admitting evidence over hearsay objection harmless given overwhelming evidence of guilt; judicial notice error claim waived, Rule 5A:8

1896232 Tyler James Hainsworth v. Commonwealth of Virginia 10/22/2024
Trial court did not abuse its discretion finding appellant violated terms of his probation, revoking his suspended sentence, and resuspending ten years; trial court did not err finding appellant violated his special conditions of probation

2039231 Stanley McCoy Ruffin v. Commonwealth of Virginia 10/22/2024
Trial court did not abuse its discretion revoking appellant's previously suspended sentence based on his new criminal convictions; evidence sufficient to find him guilty of new offenses

2040231 Stanley McCoy Ruffin v. Commonwealth of Virginia 10/22/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict appellant of possession of controlled substances and possession of a firearm; other assignments of error defaulted, Rule 5A:20(e)

0056243 Samantha Benton v. Nelson County Department of Social Services 10/15/2024
Trial court did not abuse its discretion finding requirements of Code § 16.1-283(B) met by clear and convincing evidence, finding termination in the best interest of the children, and terminating parental rights; neglect or abuse suffered by children presented a serious and substantial threat and not reasonably likely conditions could be corrected within a reasonable period of time

0636231 Tre'don Marquise Stuckey, s/k/a Tredon Marquise Stuckey v. Commonwealth of Virginia 10/15/2024
Trial court did not err finding evidence sufficient to convict appellant of possession of a firearm by a convicted felon; totality of evidence supports court's conclusion firearm recovered had been under appellant's dominion and control

0943234 Sharice Takeya Curtis v. Commonwealth of Virginia 10/15/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of felony child abuse; record supports conclusion appellant inflicted victim's injuries; no abuse of discretion allowing admission of victim's hearsay statements to forensic nurse

0948234 Earl Sylvester Turner v. Commonwealth of Virginia 10/15/2024
Trial court did not err finding evidence sufficient to convict appellant of possessing cocaine; circumstantial evidence and appellant's actions sufficient to prove appellant possessed cocaine while aware of its illicit character

1337232 Patrick James Lewis v. Commonwealth of Virginia 10/15/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of possessing a controlled substance and contempt by failure to appear; no abuse of discretion admitting appellant's statements about drug use as evidence of possession; claim regarding permissible inference waived, Rule 5A:18

1492233 Dennis Lee Mays v. Commnwealth of Virginia 10/15/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of rape, forcible sodomy, and attempted forcible sodomy; victim's testimony was not inherently incredible and corroborated by DNA evidence; other claims waived, Rule 5A:20(e)

1579232 Hardesty Construction, Inc. v. Mary Ann Weedon 10/15/2024
Judgment affirmed as trial court did not err denying appellant's motion to strike the breach of contract claim as damages not proven with reasonable certainty; cross-assignment of error waived as necessary party not joined to the appeal; appellant's hearsay objection to appellee's valuation testimony waived, Rule 5A:18

1599233 Christopher Neil Dotson v. Commonwealth of Virginia 10/15/2024
Trial court did not abuse its discretion admitting disputed exhibits; best evidence rule did not apply as exhibits were duplicate originals; as contents not in dispute, no useful purpose requiring production of the originals

1603234 Kashif Bashir v. Commonwealth of Virginia 10/15/2024
Trial court did not abuse its discretion by failing to recuse itself as appellant did not meet burden of showing court was partial, biased, and prejudiced against him; no abuse of discretion imposing sentences within statutory sentencing ranges and concluding appellant was dangerous and nothing but incarceration was appropriate or sufficient to protect the public

2033233 Boyce Benton, III v. Nelson County Department of Social Services 10/15/2024
Trial court did not abuse its discretion finding requirements of Code § 16.1-283(B) met by clear and convincing evidence, finding termination in the best interest of the children, and terminating parental rights; neglect or abuse suffered by children presented a serious and substantial threat and it was not reasonably likely conditions could be corrected within a reasonable period of time

2247233 Lindsay K. Hamel v. Galax City Department of Social Services 10/15/2024
Judgment affirmed as trial court did not abuse its discretion denying appellant's September 2023 motion for continuance and dismissing her appeal of an order terminating her parental rights; claim trial court erred denying October 2023 continuance waived, Rule 5A:8

0213243 Stanley Calvin Francis, Jr. v. Commonwealth of Virginia 10/08/2024
Trial court did not err finding evidence sufficient to prove fraudulent intent and convict appellant of construction fraud

0277234 Truc "Curt" Tran, et al. v. Industrial Development Authority of the Town of Front Royal et al. 10/08/2024
Judgment affirmed as trial court did not err sustaining jury verdicts against appellant Tran on conversion claim; breach of promissory note sufficiently plead and evidence sufficient to find breach of terms of promissory notes; unjust enrichment argument and ultra vires argument waived, Rule 5A:18

1182233 Dwayne Lamont Moorman v. Commonwealth of Virginia 10/08/2024
Judgement affirmed as trial court did not err finding evidence sufficient to prove constructive possession of a firearm and narcotics; no error denying Batson challenge as race-neutral explanation articulated; no abuse of discretion denying proposed jury instruction as duplicative; speedy trial and given instruction claims waived, Code § 19.2-266.2 and Rules 3A:9(c), 5A:18

1191233 Joely Bradford Hensley v. Commonwealth of Virginia 10/08/2024
Trial court did not err denying motion to suppress evidence obtained as a result of a traffic stop; stop and subsequent search and seizure valid as appellant in violation of Code § 46.2-848, failure to use turn signal; stop not for violation of defective equipment, Code § 46.2-1003

1286233 Roland Kenneth Moyers, Jr. v. Commonwealth of Virginia 10/08/2024
Trial court abused its discretion refusing to strike a juror for cause where juror indicated his fixed personal beliefs would affect his ability to provide appellant a fair trial; appellant's convictions reversed and matter remanded for further proceedings

1333233 John Walter-Louis Gates v. Commonwealth of Virginia 10/08/2024
Trial court did not abuse its discretion denying motion for bill of particulars; no abuse of discretion admitting into evidence redacted prior conviction order of sexual offense of a child; conviction relevant for purpose of providing context to case of indecent liberties with a child and aggravated sexual battery by parent or step-parent and probative value outweighed prejudice

1687233 Heather Renee Jones v. Commonwealth of Virginia 10/08/2024
Trial court did not err finding evidence sufficient for jury to convict appellant of driving under the influence and acting with criminal negligence; no abuse of discretion admitting results of blood sample, medical records, and expert opinion on effects of drugs in appellant's sample; medical records obtained through a second search warrant not derivative evidence

1737231 Malik Luquam Kennedy v. Commonwealth of Virginia 10/08/2024
Trial court did not err denying appellant's motion to suppress evidence recovered from his vehicle; officers had articulable objective facts that supported a reasonable suspicion appellant unlawfully possessed a firearm

0572233 Raymond Totten v. Commonwealth of Virginia 10/01/2024
Trial court did not err finding evidence sufficient to convict appellant of carjacking and appellant intended to seize the car keys; no abuse of discretion in sentencing where sentence did not exceed maximum imprisonment penalty

0791232 Albemarle County Department of Social Services v. Shelly Wilson, et al. 10/01/2024
Trial court did not err denying petitions for termination of parental rights and rejecting foster care goal of adoption; no error providing parents with additional time to address attachment with the child and finding conditions that resulted in harm to the child have either been substantially eliminated, or could be, within a reasonable period of time under Code § 16.1-283(B)

0880232 Ayla Salkay v. City of Charlottesville Department of Social Services 10/01/2024
Appeal dismissed as record lacks notice of appeal from the Juvenile and Domestic Relations District Court to trial court which is necessary to determine jurisdiction; without timely notice of appeal, court does not have active jurisdiction to address the issues on appeal

1040234 Horacio Morales Gallardo v. Rosa Marina Carranza 10/01/2024
Trial court did not abuse its discretion determining equitable distribution award including awarding appellee $60,000 for her interest in the marital property and awarding spousal support; no abuse of discretion refusing to admit appellant's financial records due to age of the records; no error in dividing bank-account balances and ordering appellant to assume all credit card debt

1064234 Alexis Mayes v. Catalyst Operations & Analytics, LLC, et al. 10/01/2024
Judgment affirmed as trial court did not err granting demurrers and dismissing appellees from appellant's personal injury suit; amended complaint failed to state a claim of vicarious liability or negligent hiring against appellees as assailant not performing job duties; claim court erred not explaining basis of its ruling not preserved, Rule 5A:18

1243233 Scott Edward Cooley v. Commonwealth of Virginia 10/01/2024
Trial court did not err finding evidence sufficient to convict appellant of assault and battery; no error finding appellant had not acted in justifiable or excusable self-defense

1349231 Sean Antonio Burrus v. Commonwealth of Virginia 10/01/2024
Trial court did not err denying motion to strike and finding evidence sufficient to convict appellant of possession of a Schedule I or II controlled substance with intent to sell and possession of a firearm; totality of evidence supports rejection of hypothesis of innocence and conclusion appellant possessed controlled substance and firearm

1848224 Jorge Guevara-Martinez v. Alexandria Department of Community and Human Services 10/01/2024
Trial court erred terminating father's parental rights and approving foster care goal of adoption; trial had subject matter jurisdiction; evidence insufficient to demonstrate reasonable and appropriate efforts made, that father failed to remedy situation requiring continuation of foster care and termination justified; matter reversed and remanded for further proceedings

2008232 Percell James Parrish v. Commonwealth of Virginia 10/01/2024
Trial court did not err finding evidence sufficient to convict appellant of malicious wounding; evidence showed appellant unlawfully and maliciously caused the victim bodily injury

2222233 Matthew Isaac Critchley v. Commonwealth of Virginia 10/01/2024
Judgment affirmed as trial court did not abuse its discretion excluding evidence of a writing appellant claims was written by deceased victim; writing irrelevant as it had had no tendency to prove any matter at issue in the case and was unduly prejudicial

0039243 Elizabeth JoAnne Helton v. Henry-Martinsville Department of Social Services 09/24/2024
Judgment affirmed as appellant's claim of error denying her motion for a continuance and a sufficiency challenge to termination of parental rights waived, ends of justice exception not applicable, Rule 5A:18

0355243 Derek S. Helton v. Henry-Martinsville Department of Social Services 09/24/2024
Judgment affirmed as trial court did not err finding evidence sufficient to terminate appellant's parental rights pursuant to Code § 16.1 283(C)(2) and finding termination was in the best interests of the children; due process claim in court's denial of his motion for continuance waived, Rule 5A:18; matter remanded to correct clerical error

0824234 Jason Theston Payne v. Commonwealth of Virginia 09/24/2024
Trial court did not err finding evidence sufficient to convict appellant of aggravated involuntary manslaughter and felony driving under the influence; no abuse of discretion overruling objections to certificates of analysis; container itself was sealed and only the sealed, intact vial tested; no abuse of discretion sentencing appellant to 15 years of active incarceration

0877232 James Burgess v. SYP Hospitality, LLC 09/24/2024
Judgment affirmed as trial court did not err sending issue of contributory negligence to the jury; no abuse of discretion granting jury instructions that correctly reflect the law on duty of care; claim court erred allowing argument appellant's preexisting medical conditions contributed to fall and injuries not preserved, and ends of justice exception not applicable, Rule 5A:18

0889233 Amanda Michelle Terry v. Commonwealth of Virginia 09/24/2024
Judgment affirmed as trial court did not err finding evidence sufficient for jury to convict appellant of driving under the influence; jury properly instructed on offense of DUI; no abuse of discretion denying motion for mistrial; no jurisdiction to review ruling on motion for new trial; claim trial court erred overruling objection to appellee's argument not preserved, Rule 5A:18

0911233 Conrad Burke v. Stanley Young, et al. 09/24/2024
Trial court erred sustaining demurrer to appellant's claims for excessive force and unconstitutional conditions of confinement; allegations satisfied objective and subjective components of both claims; error finding defendants were entitled to qualified immunity at the pleadings stage; judgment reversed and remanded for further proceedings

0923234 Miguel Guevara Contreras v. Commonwealth of Virginia 09/24/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of three counts of rape; victim's testimony was not inherently incredible; no error denying motion to suppress confession as not given voluntarily; no evidence of coercive conduct by police beyond that inherent in custodial interrogations; remanded to correct clerical error in conviction order

1048231 Nahhime Armoni Sawyer v. Commonwealth of Virginia 09/24/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant on drug and weapons charges; totality of the evidence sufficient to support convictions

1231234 Edward Gonzalo Medrano, Jr. v. Commonwealth of Virginia 09/24/2024
Judgment affirmed as trial court did not err suspending balance of appellant's sentence and extending probation for an additional 20 years; no abuse of discretion finding appellant had notice of probation conditions and willfully violated those conditions; trial court had active jurisdiction over probation revocation proceeding, Rule 5A:20

1276233 Misty L. Garrett v. William F. Hanna 09/24/2024
Trial court did not abuse its discretion concluding father established a change of custody was in the best interest of the child and granting father primary physical custody; evidence supported court's finding of a material change in circumstances

1389232 Domoniq Zuriel Booker v. Commonwealth of Virginia 09/24/2024
Trial court did not abuse its discretion denying appellant's motion to withdraw his Alford guilty plea to rape by force before sentencing; appellant failed to demonstrate his motion to withdraw plea was made in good faith or he entered the plea unadvisedly, involuntarily or under a mistake; appellant had sufficient time to discuss case and understand nature of the proceedings

1981221 Sotherly Hotels Inc., et al. v. Fireman's Fund Ins. Co., et al. 09/24/2024
Trial court did not err sustaining demurrer and dismissing appellants' breach of contract case with prejudice; complaint devoid of sufficient factual allegations to establish breach of contract claim; appellants' pleadings do not adequately allege coverable harms under physical loss or damage requirement or other specified provisions

1981232 James Elliott Fitch v. Commonwealth of Virginia 09/24/2024
Trial court did not err finding evidence sufficient for the jury to find appellant committed premeditated first-degree murder; no error denying motion to suppress evidence obtained through seizure of his cell phone; warrantless search reasonable under exigent circumstances exception to warrant requirement

0289232 Michaud Arour Yancey v. Commonwealth of Virginia 09/17/2024
Trial court did not err finding evidence sufficient for jury to convict appellant of possession of child pornography, second or subsequent offense, and refusing to grant motion to correct clerical error; no abuse of discretion denying motion in limine as probative value outweighed potential prejudice and denying proffered jury instruction as given instructions accurately stated law

0910233 Tamara T. Oakey v. Daniel G. Oakey 09/17/2024
Trial court did not err finding a material change of circumstances since last spousal support order and determining modification warranted; based on totality of record, no error determining parties' incomes and denying appellant's request for reservation for spousal support after appellee's 70th birthday

0947232 Jeffery Columbus Brown, s/k/a Jeffrey Columbus Brown v. Commonwealth of Virginia 09/17/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant for malicious wounding, malicious shooting within a dwelling, and use of a firearm; any error harmless admitting certain statements as cumulative; claim contesting victim's out-of-court identification waived and ends of justice exception not applicable, Rule 5A:18

1106233 Derrick E. Barr, et al. v. Garten Development, LLC 09/17/2024
Trial court did not err finding appellee has a right of way over appellants' property for ingress and egress; later deeds did not release the rights of way for ingress and egress reserved in the 1914 deed; right of way allows improvement for logging purposes

1282231 Robert Damon Stonewall v. Commonwealth of Virginia 09/17/2024
Trial court did not err finding evidence sufficient to convict appellant of first-degree murder, aggravated malicious wounding, and use of a firearm; evidence shows appellant waited for victims and was the initial and only aggressor in the shooting; evidence sufficient to show injuries to victim of malicious wounding permanent and significant

1350231 Charles Toy Ashley, a/k/a Sun-Ra Subuwr Abdullah v. Commonwealth of Virginia 09/17/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of second-degree murder; no abuse of discretion granting motion in limine to admit certain evidence; challenged statement of victim went only to identity of perpetrator which was not contested at trial; chain-of-custody claim waived by stipulation order

2144233 Savannah Elizabeth Fisher v. Commonwealth of Virginia 09/17/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of knowingly and intentionally possessing methamphetamine and denying motion to suppress evidence recovered in warrantless search of her car; vehicle subject to automobile exception; no abuse of discretion rejecting proposed jury instruction as granted instructions accurately stated law

0105243 Tony Lee Saunders v. Commonwealth of Virginia 09/10/2024
Trial court did not err finding evidence sufficient to convict appellant of strangulation; victim's testimony she was unable to breathe and suffered redness and scratches on her neck credible and corroborated by officer

0302234 Zachary Thomas Burkard v. Commonwealth of Virginia 09/10/2024
Trial court did not abuse its discretion denying appellant's motion for a new trial and declining to reduce jury's recommended sentence; substance of alleged newly-discovered testimony not new to appellant and appellant failed to exercise reasonable diligence to obtain testimony; transcript shows court considered mitigating factors

0353232 Joshua Lee Carpenter v. Commonwealth of Virginia 09/10/2024
Trial court did not err denying appellant's motion to strike; evidence sufficient to convict appellant of indecent liberties with a child and attempting to commit forcible sodomy of a child

0398232 Frederick Lewis Moncrea v. Commonwealth of Virginia 09/10/2024
Judgment affirmed as trial court did not err denying appellant's motion to suppress; officers executed warrant in good faith; trial court's sentencing order for an indeterminate period of supervised probation void ab initio and matter remanded for resentencing to readjust length of supervised probation; other good-faith claim waived, Rule 5A:18

0668233 Dianna Carol Spencer v. Commonwealth of Virginia 09/10/2024
Trial court did not err finding evidence sufficient to convict appellant of possession of burglarious tools and conspiracy to commit armed robbery; while armed with a deadly weapon reference in conspiracy indictment is surplusage; no abuse of discretion in sentencing as sentence within permissible statutory range; case remanded to correct clerical error

0928233 Molly Petty, et al. v. Virginia Department of Environmental Quality, et al. 09/10/2024
Judgment affirmed as trial court did not err deferring to DEQ's interpretation of 9 VAC 15-40-100(B) as language ambiguous and applying procedural error standard of review; no abuse of discretion addressing two interlinked matters together and declining to reconsider claims previously argued; second assignment of error partially waived and moot, Rule 5A:20

0929233 Jeffrey Scott, et al. v. Virginia Department of Environmental Quality, et al. 09/10/2024
Judgment affirmed as trial court did not err deferring to DEQ's interpretation of 9 VAC 15-40-100(B) as language ambiguous and applying procedural error standard of review; no abuse of discretion addressing two interlinked matters together and declining to reconsider claims previously argued; second assignment of error partially waived and moot, Rule 5A:20

1051233 Steven Nicholas Dawson v. Commonwealth of Virginia 09/10/2024
Trial court did not err denying appellant's motion to suppress certain evidence, denying request for a Franks hearing, and dismissing motion to suppress based on Rule 3A:9; search warrant supported by probable cause, sufficient nexus between items sought and places to be searched, and search did not exceed scope of warrant; no showing of false statement in warrant affidavit

1347232 Corey D. Goodson, Sr., s/k/a Corey Deon Goodson, Sr. v. Commonwealth of Virginia 09/10/2024
Judgment affirmed as trial court did not abuse its discretion refusing two jury instructions relating to self-defense claim; refused instructions were duplicative of other instructions based on model instructions; no abuse of discretion refusing to vacate sentencing order and hold new sentencing hearing and any error harmless; sentence within statutory range

1366234 Eftakhar Alam v. Commonwealth of Virginia 09/10/2024
Judgment affirmed as trial court did not abuse its discretion requiring full compliance with plea agreement and finding violations; no error sentencing based on appellant's original guilty plea to rape; Code § 19.2-306.1 not applicable as it did not exist when plea agreement accepted and only applicable retroactively by agreement of parties; any error admitting hearsay harmless

1681224 Jose Angel Rivas-Castillo v. Commonwealth of Virginia 09/10/2024
Judgment affirmed as trial court did not err denying appellant's motions for mistrial and to set aside verdict; no abuse of discretion denying motion limiting witness testimony as no Brady violation and limiting portion of expert's testimony as hearsay; any error regarding testimony harmless as evidence against appellant substantial

0721231 Malik Javon Johnson v. Commonwealth of Virginia 09/03/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict appellant of possession of a firearm and maiming by mob; evidence established appellant was a member of a mob with collective intent to assault victims; argument evidence failed to prove appellant possessed firearm waived and ends-of-justice exception not applicable, Rule 5A:18

0992233 Joseph Michael Childress v. Commonwealth of Virginia 09/03/2024
Judgment affirmed as trial court did not abuse its discretion restricting appellant's expert's testimony at sentencing; any error harmless as expert's excluded testimony was irrelevant at sentencing stage; constitutional challenge that Code § 18.2-248(C)(4) violated the Sixth, Eighth, and Fourteenth Amendment waived, Code § 19.2-266-2

1000231 Brandon Dajuan Anthony v. Commonwealth of Virginia 09/03/2024
Trial court did not err denying appellant's motion to suppress evidence obtained during warrantless seizure and search of his person; officers had probable cause and lawfully arrested appellant; drugs lawfully seized during valid search incident to arrest

1132231 Marcus Andrew Bottoms v. Commonwealth of Virginia 09/03/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of abduction with intent to defile; no error refusing to strike juror for cause where juror represented by different counsel from the same firm as appellant's counsel; no abuse of discretion granting jury instruction or in imposing sentence within statutory range

1213234 Nathan Elmore Thomas v. Commonwealth of Virginia 09/03/2024
Judgment affirmed as trial court did not err denying appellant's motions to suppress statements and evidence; appellant's statements voluntary and warrant lawful to search bags; no error denying pretrial motions to dismiss; no abuse of discretion overruling objection to improper trial testimony; no abuse of discretion in sentencing

1319234 Liam Wallace Bates v. Commonwealth of Virginia 09/03/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of oral sodomy and attempted anal sodomy; no abuse of discretion excluding testimony of victim's classmate as attenuated and not relevant; claim regarding attempted sodomy instruction defaulted and ends of justice exception not applicable, Rule 5A:18

1341234 David Marshall White v. Commonwealth of Virginia 09/03/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of trespass; owner's agent had authority to exclude appellant under durable power of attorney and evidence sufficient to show appellant aware he was not supposed to be on property

1348224 David Jones, et al. v. Minsung "Joseph" Kim 09/03/2024
Trial court did not err dismissing appellants' motions to strike; evidence sufficient to show appellants did not meet their duties of reasonable care and to not wantonly or willfully injure appellee which caused his injuries; no error finding appellants' conduct willful and wanton and finding appellee was not contributorily negligent

1438231 Andre Marquise Harris v. Commonwealth of Virginia 09/03/2024
Trial court did not err denying appellant's motion to suppress evidence found on his person during his arrest; police lawfully entered home without a warrant under the emergency aid exception to the Fourth Amendment

1569232 Javion Deonte Martin v. Commonwealth of Virginia 09/03/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of robbery; no basis to reject jury's witness credibility determinations; no abuse of discretion as sentence did not exceed maximum penalty; claim verdicts were inconsistent waived, Rule 5A:18

1584231 Jamar Montel Edmonds v. Commonwealth of Virginia 09/03/2024
Trial court did not err finding evidence sufficient to convict appellant of possession of a firearm by a convicted violent felon and denying his motion to strike the evidence; evidentiary chain of circumstances unbroken as to possession of handgun

2058233 HealthSouth Corp., et al. v. Pamela B. Hawthorne 09/03/2024
Commission erred finding causal connection between 2022 injury and 2011 work-related injury and awarding lifetime medical benefits; Commission erred finding appellee carried her burden of proving 2022 injury was a compensable consequence of 2011 injury as appellee's speculative opinion uncorroborated by medical records

0216234 Derek Brawner v. Commonwealth of Virginia 08/27/2024
Trial court abused its discretion finding appellant in violation of his probation by willfully failing to seek relief from the court's order to pay court costs; nothing in record showing appellant received notice of availability of community services in lieu of court payment; revocation order reversed and vacated

0542234 Bahriddin Kodirovich Bobocholov v. Bakhtigul Farmonovna Turaeva 08/27/2024
Judgment affirmed as trial court did not abuse its discretion awarding appellee $5,500 in monthly spousal support for an indefinite duration; record supports trial court appropriately weighed statutory factors in determining award; no abuse of discretion awarding appellee attorney fees; request for appellate attorney fees denied; other arguments not preserved for appeal, Rule 5A:18

0892233 Keyon Da'Monta Petty v. Commonwealth of Virginia 08/27/2024
Trial court did not abuse its discretion denying appellant's motion to strike a juror for cause; juror's statements do not call his impartiality into question

0944233 Jaquan Hamilton, an infant, by his mother and next friend Tanisha Hamilton v. Morris Jackson, et al. 08/27/2024
Trial court did not err granting Durham's plea in bar given assignments of error as drafted; allegations of Durham's gross negligence insufficiently pleaded; trial court erred granting Roanoke City School Board's plea in bar as it presented insufficient evidence to meet burden of proving sovereign immunity; matter as to School Board remanded for further proceedings

1060233 Barbara H. Clements, etc. v. Medical Facilities of America, Inc., et al. 08/27/2024
Trial court did not abuse its discretion limiting physician witnesses' testimony to substance of records exchanged in discovery; trial court did abuse its discretion excluding standard of care expert witness as statutory requirements to qualify met and assignment of error not procedurally barred; error granting motion for summary judgment; reversed in part and remanded

1065234 David Michael Jackson v. Commonwealth of Virginia 08/27/2024
Trial court abused its discretion revoking previously suspended sentences and imposing two years of active incarceration; trial court gave significant weight to an improper factor, appellant's plea of not guilty and request for trial, in rendering sentence; matter reversed and remanded for resentencing

1179232 Cascade Creek Homes, Inc. v. County of Chesterfield, Virginia 08/27/2024
Trial court did not err denying appellant's request for attorney fees and mediation costs under Code § 25.1-248 as matter dismissed before trial on just compensation began; Code § 25.1-410 does not apply as no taking occurred; other expenses including expert witness costs, discovery costs and other expenses awarded and not contested

1193232 Rockingham County School Board, et al. v. Sharon Rohrbaugh 08/27/2024
No error in Commission's finding inpatient residential care at an assisted-living facility was reasonable and necessary medical attention for claimant, and such care was causally related to her work accident; no showing Commission committed reversible error

1304233 Jason Aaron Bard v. Commonwealth of Virginia 08/27/2024
Judgment affirmed as trial court did not err denying motions to strike and finding evidence sufficient to convict appellant on two counts of forcible sodomy or exercising jurisdiction as record reflects the acts occurred in Virginia; no error failing to dismiss indictments for speedy trial violations, Rule 5A:18

1390231 Vernon Evander Green, II v. Commonwealth of Virginia 08/27/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of second-degree murder and felony hit and run; no error denying motion to set aside verdict; no abuse of discretion granting Commonwealth's motion in limine; jury instruction claim waived and ends-of-justice exception does not apply, Rule 5A:18

1718234 Kevin Nathan Mettinger v. Commonwealth of Virginia 08/27/2024
Judgment affirmed as trial court did not err finding evidence sufficient for jury to convict appellant of carnal knowledge of a child and indecent liberties; no abuse of discretion overruling appellant's objections to text messages or weighing probative nature of photographs against risk of undue prejudice; claim victim's testimony inherently incredible waived, Rule 5A:18

1816232 Daniel Carlton Railey v. Commonwealth of Virginia 08/27/2024
Trial court did not err finding evidence sufficient to prove appellant formed the intent to defraud and convict appellant of obtaining money by false pretenses; evidence supports finding appellant acted with fraudulent intent and fails to support hypothesis of innocence

0217232 Michael Antoine Freeman v. Commonwealth of Virginia 08/20/2024
Trial court did not err finding evidence sufficient for jury to convict appellant of abduction and assault and battery of family member; evidence demonstrated appellant used intimidation to detain victim and intended to deprive victim of ability to leave; no abuse of discretion in sentencing where court weighed all evidence and imposed sentence within allowed range

0575232 Peter Warren Charles v. Commonwealth of Virginia 08/20/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of abduction; assignments of error regarding jury question and admissibility of photograph waived, and record does not warrant application of ends-of-justice exception, Rule 5A:18

0584232 Franklin Jerome Coleman, Jr. v. Commonwealth of Virginia 08/20/2024
Trial court did not err finding evidence sufficient for jury to find that appellant shot the victim; appellant provides no justifiable legal basis for discarding the evidence; no abuse of discretion denying appellant's motion for new trial based on purported recantation of a witness as recantation evidence did not meet materiality standard; matter remanded to correct clerical error

0845231 Leonard Wista Najacque v. Commonwealth of Virginia 08/20/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of five counts of child cruelty; repeated and ongoing nature of sexual abuse demonstrates its cruelty; evidence showed appellant's behavior caused sufficient physical and emotional pain and suffering to support conviction under Code § 40.1-103(A)

0865232 Ruben Murphy, III v. Edward Olive, etc., et al. 08/20/2024
Judgment affirmed as trial court did not err granting appellee's motion for summary judgment; appellant had no causation testimony to present at trial and could not proceed with informed consent claim; no abuse of discretion enforcing discovery deadlines; no record to support claim other provider could have testified as to causation; other claims waived, Rules 5A:8, 5A:18

0890234 Ronnie Marshall v. Commonwealth of Virginia 08/20/2024
Trial court did not its discretion denying counsel's motion to withdraw, admitting recordings of the victims' interviews with police, and excluding certain videos produced by the victims' son; appellant did not establish an actual conflict of interest with counsel; risk of unfair prejudice of victims' statement did not outweigh probative value

0971231 Wayne McKinnly Roane v. Commonwealth of Virginia 08/20/2024
Trial court did not err denying appellant's motion to suppress evidence; exclusionary rule did not apply to firearm seized from appellant; gun discovered because of new and distinct criminal act of brandishing a firearm

1208232 Leon Anderson, s/k/a Leon Alexander Anderson v. Commonwealth of Virginia 08/20/2024
Trial court did not abuse its discretion imposing active sentence of one year; part of violations of probation was a violation of sex offender special instructions, a non-technical violation

1225233 Robert A. Linkenauger v. Micah S. Fraim, et al. 08/20/2024
Trial court did not err finding appellant failed to send a written demand letter as required by Code § 13.1-1042 and granting appellees' plea in bar; evidence insufficient to demonstrate demand letter requirement would be futile

1393233 Tremon Jaquil Burford v. Commonwealth of Virginia 08/20/2024
Judgment affirmed as trial court did not abuse its discretion admitting expert testimony on gang participation, admitting jail visit video recording, and allowing photo of appellant; probative value of photo outweighed prejudicial effects; claims expert testimony was hearsay and court erred admitting video recording waived, Rules 5A:18, 5A:20(e)

1403232 Ronald Edward Holmes, Jr. v. Commonwealth of Virginia 08/20/2024
Judgment affirmed as trial court did not err finding evidence sufficient for jury to convict appellant of rape and forcible sodomy and finding victim credible; no abuse of discretion denying motion to strike juror with relatives who were victims of sexual assault for cause; any error admitting appellant's letter to the trial court harmless; other claim waived, Rule 5A:20

1800233 Roger Junior Holland v. Commonwealth of Virginia 08/20/2024
Trial court did not err finding appellant remained a sexually violent predator ineligible for conditional release, Code § 37.2-910

1859232 Virginia Commonwealth University/Commonwealth of Virginia v. Sabrina Miller 08/20/2024
No error in Commission finding work-related accident caused need for mental-health treatment and awarding medical benefits for the treatment; appellee's testimony, combined with the medical evidence, sufficed to prove causation

0228231 Destin N'Dia Tranay Wright v. Commonwealth of Virginia 08/13/2024
Trial court erred finding evidence sufficient to convict appellant of obstructing justice; evidence of force not sufficient to support appellant's conviction for obstruction pursuant to jury instruction, Code § 18.2-406(B); conviction reversed and matter dismissed

0408234 Igor Peter Koob v. Commonwealth of Virginia 08/13/2024
Judgment affirmed as trial court did not err denying motion to set aside verdict and finding evidence sufficient for jury to convict appellant of aggravated malicious wounding and assault and battery; indictment not fatally defective; no double jeopardy violation; other claims including substitution of judge and failure to poll jurors waived, Rule 5A:18

0739232 China Lynn Washington v. Buckingham County Department of Social Services 08/13/2024
Trial court did not err finding evidence sufficient to terminate appellant's parental rights under Code § 16.1-283(B) and (C)(2); no error finding termination in the best interests of the children as they had been in foster care for twenty months and appellant admitted she was not ready to resume custody of the children

0806234 Mireille B. Tshiteya v. Greenhouse Board of Directors, et al. 08/13/2024
Trial court did not err granting summary judgment in favor of appellees; resale certificate complied with plain language of the statute

0915231 Abdiel Quinones Berrios v. Commonwealth of Virginia 08/13/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of second-degree murder and use of a firearm and to deny motion to strike; given totality of evidence, reasonable fact finder could find appellant guilty of murder and use of firearm; no abuse of discretion excluding body-worn-camera footage containing hearsay statements

0922231 Ivan Darnell Palmer, Jr. v. Commonwealth of Virginia 08/13/2024
Trial court did not err denying appellant's motion to suppress evidence found inside his truck during a traffic stop; traffic stop supported by reasonable articulable suspicion; appellant consented to search of passenger area of truck; search of entire truck justified under automobile exception after gun and cocaine found in passenger area

1019231 Kevin Lee Bethea v. Commonwealth of Virginia 08/13/2024
Judgment affirmed as trial did not abuse its discretion imposing a 27-year active sentence within the range set by the legislature; appellant's voluntariness arguments procedurally defaulted and ends of justice exception does not apply as trial court did not err, Rule 5A:18

1100232 Brian Hernandez v. Commonwealth of Virginia 08/13/2024
Trial court erred testifying in the contempt proceeding in violation of Code § 19.2-271 and finding evidence sufficient to support a finding of contempt; trial court's factual findings preclude affirming under right result for the wrong reason rationale; judgment reversed and conviction vacated

1219234 Paul N. Mullis v. Russell Edward McDow, Jr., MD, et al. 08/13/2024
Judgment affirmed as trial court did not err denying appellant's motion for summary judgment on informed consent; no abuse of discretion overruling appellant's objections to expert testimony and refusing offered jury instruction; claim of error regarding informed consent opinion waived, Rule 5A:18

1240222 Lynette Ebony Morse v. Commonwealth of Virginia 08/13/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict appellant of attempted abduction and conspiracy to commit abduction; facts establish appellant's conduct more than mere preparation for abduction; no error in ruling venue proper in Prince George County; conspiracy claim waived and ends-of-justice exception not applicable, Rule 5A:18

1430232 Edelblute's Service Center, et al. v. John Edelblute 08/13/2024
No error in Commission's finding appellants' defense to mileage reimbursement barred by res judicata and awarding appellee attorney fees under Code § 64.2-713; appellants did not appeal prior Commission finding appellants were responsible for reimbursement of treatment and mileage incurred; matter remanded to determine appropriate appellate attorney fees

1903233 Kathryn Lydia Hunter v. Commonwealth of Virginia 08/13/2024
Trial court did not err finding evidence sufficient to convict appellant of possession of methamphetamine and driving under the influence of drugs; totality of evidence sufficient to find appellant drove under the influence; no abuse of discretion admitting certificate of analysis as evidence sufficient to prove blood tested was from appellant

0809233 Herman Tracy Evans v. Commonwealth of Virginia 08/06/2024
Judgment reversed and convictions dismissed as trial court erred finding evidence sufficient to convict appellant of resisting arrest, disorderly conduct, and animal cruelty; no evidence his remarks had direct tendency to incite breach of peace from reasonably trained police officer; no close proximity requirement met for resisting arrest; no intent to harm animal, Rule 5A:18

0868233 Timothy Preston Meadows v. Commonwealth of Virginia 08/06/2024
Trial court did not abuse its discretion excluding victim's alleged inconsistent statements; appellant failed to identify any specific inconsistent statement and testimony never proffered in any form

0896232 Mattawoman Energy, LLC v. Cove Point LNG, LP 08/06/2024
Trial court erred granting summary judgment in favor of appellee on breach of contract claim; trial court abused its discretion refusing to allow appellant to conduct discovery relevant to its affirmative defenses; limiting discovery denied appellant's substantive right to pursue legally cognizable defenses; judgment reversed and matter remanded for further proceedings

0900234 Glennard Kenny McFadden v. Commonwealth of Virginia 08/06/2024
Judgment affirmed as trial court did not err finding evidence sufficient for jury to convict appellant of aggravated malicious wounding and finding permanent and significant impairment; no abuse of discretion in sentencing and in admitting prior acts of abuse as probative of intent and relationship between appellant and victim; challenge to unitary jury defaulted, Rule 5A:18

0959232 Taylor Neal Lickey v. Commonwealth of Virginia 08/06/2024
Trial court erred finding evidence sufficient for the jury to convict appellant of obstruction of justice; evidence insufficient to prove appellant obstructed the officer in his duties

1162232 Cody James Brouillard v. Commonwealth of Virginia 08/06/2024
Trial court did not err finding evidence sufficient to convict appellant of forging a check

1594224 Golden Key Group, LLC v. Communication Technologies, Inc. 08/06/2024
Trial court did not err finding parties' subcontract continued past base term ending August 2018 and finding subcontract's non-solicitation clause reasonable, valid, and enforceable; no error finding appellant breached subcontract and ordering compensation; trial court's conclusions supported by evidence and no error denying appellant's motion to strike

2002221 Albin Trevor Pearson v. Commonwealth of Virginia 08/06/2024
Judgment affirmed as trial court did not err ruling attempted arrest of victim and entry into his home were unlawful as a violation of Fourth Amendment; no error giving jury instructions consistent with the rulings; no abuse of discretion refusing to admit evidence of protective order and expert testimony based on analysis of body-camera video; other claim waived, Rule 5A:18

0126232 Grover Garnell Gordon, Jr. v. Commonwealth of Virginia 07/30/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of attempted murder, use of a firearm, aggravated malicious wounding, and discharging a firearm from a motor vehicle; jury could find appellant's evidence did not prove circumstances of self-defense sufficient to create reasonable doubt and infer malice from appellant's use of a deadly weapon

0369231 City of Norfolk v. Arianna Zoghi 07/30/2024
Trial court did not err granting Petition for Mandamus under VFOIA, ordering production of the documents, and awarding requested costs; matter remanded for determination of costs and attorney fees associated with the appeal

0516231 Michael R. Agnew, et al. v. 1309 Taylors Point Road, LLC 07/30/2024
Trial court did not err granting appellee's motion for summary judgment and awarding appellee possession of the property and unpaid rent in an unlawful detainer action; appellee established a prima facie case of its right to possession; as appellant's allegations of invalid title were insufficient, trial court did not err limiting its ruling to the issue of possession

0693232 Jason Franklin Maxwell v. Commonwealth of Virginia 07/30/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of grand larceny, petit larceny, and property damage; circumstantial evidence, possession of stolen vehicle by appellant, and appellant's actions sufficient to support jury's conclusions; claim of inconsistent jury verdict waived, Rule 5A:18

0815231 Axios Partners, LLC v. Northampton County Board of Supervisors, et al. 07/30/2024
Trial court did not err affirming the denial of a special use permit by county board of supervisors; no error finding tourist cottage was a dwelling and consideration of density appropriate; no error finding actions of the board were not arbitrary and capricious and not a violation of constitutional rights; trial court properly applied fairly debatable standard

1410233 Uninsured Employer's Fund v. Joseph Thacker 07/30/2024
No error in Commission finding work-related accident caused shoulder injury to appellee and awarding temporary total disability and medical benefits; Commission properly placed burden of proving causation on appellee and found he carried that burden

1497232 Norris Goode, Jr. v. Huguenot Springs, LLC, et al. 07/30/2024
Trial court did not err sustaining demurrer to appellant's claim of negligence; appellees had no duty to warn or protect appellant from unforeseen criminal conduct or control criminal actors' behavior; appellees did not voluntarily assume duty to protect appellant

1561231 Wlimer Pineda v. Dante Siding, LLC, et al. 07/30/2024
No error in Commission denying appellant's claim for benefits, finding he was an independent contractor and not an employee; appellant failed to meet his burden of demonstrating he was an employee

0114231 Marquis Jerome Fore v. Commonwealth of Virginia 07/23/2024
Judgment affirmed as trial court did not abuse its discretion finding appellant failed to comply with the terms and conditions of his plea agreement and finding him guilty of the felony offense of indecent liberties with a child; other arguments waived, Rules 5A:18, 5A:20

0137231 Jamar Mustafa Jones v. Commonwealth of Virginia 07/23/2024
Trial court did not err finding evidence sufficient to prove instrument recovered from car was a firearm and for the jury to convict appellant of possession of a firearm by a convicted felon; no error denying his motion to suppress; no abuse of discretion denying appellant's motion for a mistrial as any prejudice cured by instruction to jury

0169234 Ashburn Village Community Association, Inc. v. Waltonwood Ashburn, LLC 07/23/2024
Trial court did not err sustaining appellee's demurrers to appellant's second and third amended complaints for declaratory judgement, breach of contract, and injunctive relief; appellee was not the owner when the property was rezoned and was not in breach or subject to injunctive relief; request for declaratory judgment not plead in third amended complaint

0450231 Rashad Detwan Dooley v. Commonwealth of Virginia 07/23/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of conspiracy to commit first-degree murder, conspiracy to commit burglary, and attempted robbery; record presents evidence of more than one person involved in the murder and burglary; other arguments precluded from consideration, Rule 5A:20(c)(i)

0627232 Kemari Jayshawn Booker v. Commonwealth of Virginia 07/23/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict appellant of felony destruction of property and misdemeanor destruction of property; record contains ample evidence identifying appellant as the perpetrator; claim of inconsistent verdicts waived, Rule 5A:18

0708232 The Estate of Joseph Williams and Gary Williams v. Glenn Leo Williams 07/23/2024
Trial court did not err sustaining appellee's demurrer that a detinue action was improper as appellant was not seeking recovery of a specific item of property

0799233 Teirra Shanae Poindexter v. Commonwealth of Virginia 07/23/2024
Trial court did not err finding evidence sufficient to convict appellant of involuntary manslaughter and two counts of felony neglect for shooting committed by her child; appellant acted with reckless disregard for human life, was criminally negligent, and responsible for the death; victim's contributory negligence does not factor in involuntary manslaughter analysis

0811233 Tracey Darnell Taylor v. Commonwealth of Virginia 07/23/2024
Judgment affirmed as appellant's claims are procedurally barred for failing to move to strike or set aside the verdict; ends of justice exception does not support overturning convictions for child endangerment or maliciously shooting within an occupied building, Rule 5A:18

0848231 Larry Lorenzo Taylor, Jr. v. Commonwealth of Virginia 07/23/2024
Judgment affirmed as trial court did not abuse its discretion by admitting a video of hit-and-run incident and denying motion for mistrial; any error harmless as admission of video cumulative of other evidence already admitted to prove identity of driver; appellant not entitled to mistrial as no reversible error admitting video

0885232 Douglas Wayne Potter v. Commonwealth of Virginia 07/23/2024
Trial court did not abuse its discretion sentencing appellant to an active prison sentence of 15 years; sentence imposed fell below statutory maximum; appellant found with approximately 50,000 lethal doses of Fentanyl and had a 40-year criminal record

0893231 Daniel Justin Rose v. Commonwealth of Virginia 07/23/2024
Trial court did not err finding evidence sufficient to convict appellant of forcible sodomy and object sexual penetration of a child under 13, aggravated sexual battery of a child, and indecent liberties with a minor; no abuse of discretion permitting recorded interview with victim; mandatory life sentences for convictions of sodomy and object sexual penetration constitutional

0904232 John Halvorsen, et al. v. Powhatan County School Board 07/23/2024
Trial court did not err dismissing the petition for a writ of mandamus and denying motion to reconsider; mandamus is an extraordinary remedy unavailable to appellants as they had an adequate remedy at law

1039232 John Halvorsen, et al. v. Powhatan County School Board 07/23/2024
Trial court did not err dismissing the petition for a writ of mandamus and denying motion to reconsider; mandamus is an extraordinary remedy unavailable to appellants as they had an adequate remedy at law

1109231 Taejon Lamont Davis v. Commonwealth of Virginia 07/23/2024
Trial court did not abuse its discretion denying appellant's motion to withdraw his guilty plea; no abuse of discretion finding appellant failed to carry his burden showing the motion to withdraw was made in good faith and had not offered a reasonable defense in support of the motion

1220233 George Christopher Lilly v. Commonwealth of Virginia 07/23/2024
Trial court did not err finding evidence sufficient to convict appellant of five felony counts of financially exploiting a vulnerable adult by misappropriating funds that belonged to his incapacitated brother; no abuse of discretion finding appellant's testimony not credible, Code § 18.2-178.1

1241233 Anthony Quentin Johnson v. Commonwealth of Virginia 07/23/2024
Trial court did not err finding evidence sufficient to convict appellant of uttering a forged public record and unlawfully obtaining a document from DMV; evidence refutes reasonable hypotheses of innocence

1524223 Danny Eugene Hearn, Jr. v. Commonwealth of Virginia 07/23/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of violation of a protective order by stalking and attempted first-degree murder; evidence presented was sufficient for jury to find appellant had specific intent to kill victim; matter remanded to correct clerical error

1659222 Timothy Wayne Eacho v. Commonwealth of Virginia 07/23/2024
Trial court did not err finding evidence sufficient to convict appellant for assault and battery of a family member; no error finding parental privilege to discipline a child did not justify appellant's use of force; appellant used excessive force and lacked a proper disciplinary purpose in grabbing, shoving, and throwing victim to ground, then squeezing her neck

0360241 Commonwealth of Virginia v. William Lamont Jones 07/16/2024
Trial court did err granting the motion to suppress and finding no reasonable suspicion to support a Terry detention; officer had reasonable suspicion that appellee had committed a criminal offense; reversed and remanded for further proceedings

0361234 Yemane Mehari v. Muzit Mesfun-Mehari 07/16/2024
Trial court did not abuse its discretion calculating child support and determining equitable distribution award; no error determining appellant owed child-support arrearages and unreimbursed costs for healthcare and tuition; trial court did not err in classification of bank and investment accounts; remanded to determine appellate attorney fees for appellee

0423234 Raymond Frederick Goss v. Commonwealth of Virginia 07/16/2024
Judgment affirmed as trial court did not abuse its discretion finding refusal to complete outpatient program was non-technical violation and imposing an eight-month sentence for failing to report to probation; no abuse holding separate hearings for violations and finding technical violations did not rise from the same course of conduct; other argument waived, Rule 5A:8

0425234 Raymond Frederick Goss v. Commonwealth of Virginia 07/16/2024
Judgment affirmed as trial court did not abuse its discretion finding refusal to complete outpatient program was non-technical violation and imposing an eight-month sentence for failing to report to probation; no abuse holding separate hearings for violations and finding technical violations did not rise from the same course of conduct; other argument waived, Rule 5A:8

0428234 Random Pinecone, LLC, et al. v. David Davies, et al. 07/16/2024
Judgment affirmed as trial court did not err finding for appellees on their tenant assertion and breach of lease regarding habitability claims, finding condition a serious threat to life, health, or safety of appellees, finding appellants failed to remedy condition within reasonable period of time and awarding attorney fees to appellees; other argument not preserved, Rule 5A:18

0660233 C & M Truck Repair, LLC v. Morgan Freight Services, LLC 07/16/2024
Trial court erred allowing appellee to nonsuit its loss of income claim as the claim was not pending when appellee moved for nonsuit; claim disposed and eliminated from case as demurrer granted on loss of income claim and deadline to file amended complaint had passed; judgment granting nonsuit reversed and case remanded for entry of order consistent with opinion

0785232 Keith Montrell Bailey v. Commonwealth of Virginia 07/16/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of robbery and use of a firearm as a principal in the second degree; sufficient circumstances to conclude appellant assisted others robbing the victim and using a firearm; sufficiency argument with respect to conspiracy not before the court, Rule 5A:20

0995232 Anne P. Everett v. George Lee Parson, et al. 07/16/2024
Trial court erred sustaining appellees' demurrer and ruling appellant's mistaken belief property conveyed to her precluded claim for adverse possession; mistaken belief of ownership does not defeat hostile element for adverse possession; amended complaint sufficiently alleges other elements of adverse possession; judgment reversed and matter remanded for further proceedings

1014233 Bradley A. Hedrick v. Commonwealth of Virginia 07/16/2024
Trial court did not err finding evidence sufficient to convict appellant of trespass; no error rejecting appellant's affirmative defense of bona fide claim of right

1463234 Raymond Frederick Goss v. Commonwealth of Virginia 07/16/2024
Judgment affirmed as trial court did not abuse its discretion finding refusal to complete outpatient program was non-technical violation and imposing an eight-month sentence for failing to report to probation; no abuse holding separate hearings for violations and finding technical violations did not rise from the same course of conduct; other argument waived, Rule 5A:8

1654231 William Vincent Scott v. Commonwealth of Virginia 07/16/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of discharging a firearm from a motor vehicle, unlawful wounding, and involuntary manslaughter; jury finding appellant 's actions not self-defense supported by the record and not plainly wrong; no abuse of discretion denying request to admit protective order as not subject to exception to hearsay rule

1818224 Angelo J. Carmello, Jr., etc. v. Kelly Marie Adams Cockerill, a/k/a Kelly Cockrill, et al. 07/16/2024
Trial court did not err granting appellees' demurrer and dismissing appellant's suits for personal injury and wrongful death; appellees had no common-law duty of care to maintain tree for safety of travelers on public road and neither statute nor ordinance established such an enforceable duty; nuisance claim not legally distinct from negligence claim

1819224 Angelo J. Carmello, Jr., etc. v. Kelly Marie Adams Cockerill, a/k/a Kelly Cockrill, et al. 07/16/2024
Trial court did not err granting appellees' demurrer and dismissing appellant's suits for personal injury and wrongful death; appellees had no common-law duty of care to maintain tree for safety of travelers on public road and neither statute nor ordinance established such an enforceable duty; nuisance claim not legally distinct from negligence claim

1990224 Christina Martinka v. PHI Group, Inc., et al. 07/16/2024
No error in Commission's finding appellant injured in a work accident and unable to work December 1, 2017 to January 28, 2018; no error finding that she was not entitled to benefits after that time as she failed to market her residual capacity; no showing Commission committed reversible error; other arguments not preserved for appeal, Rule 5A:18

0066232 Kevin Mitchell v. Commonwealth of Virginia 07/09/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict appellant of first-degree murder, use of a firearm, aggravated malicious wounding, and use of a firearm; identification of appellant not inherently incredible; evidence sufficient to prove permanent physical impairment; claim identification was unreliable waived, Rule 5A:18

0091232 Pierre Le'Shon Paige v. Commonwealth of Virginia 07/09/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict appellant of possession with intent to distribute cocaine; any error denying motion to suppress appellant's statements harmless as cumulative; no error denying motions to exclude and suppress evidence seized in warrantless search of rental car; search incident to arrest challenge waived, Rule 5A:18

0689234 Dexis Interactive, Inc., etc. v. International Business & Technical Consultants, Inc. 07/09/2024
Trial court did not err sustaining appellee's plea in bar and dismissing appellant's suit for anticipatory breach of contract and declaratory judgment with prejudice; plain language of the contract does not support appellant's claims

0715232 Hanover County, et al. v. Scott W. Moore 07/09/2024
No error in Commission finding appellant's thoracic aortic aneurysm was heart disease under Code § 65.2-402(B) and awarding lifetime medical benefits; Commission's factual findings supported by credible evidence

1070231 Mwando Michael Amerson v. Commonwealth of Virginia 07/09/2024
Trial court did not err finding appellant remained a sexually violent predator, Code § 37.2-910

1157233 Bradley Allen Roloson v. Carroll County Department of Social Services 07/09/2024
Trial court did not err finding evidence sufficient to terminate appellant's parental rights pursuant to Code § 16.1-283(C)(2) and approve the foster care goal of adoption; no error finding no suitable permanent family placement

1587232 Jeffrey Dylon Hardin v. Hopewell Department of Social Services 07/09/2024
Judgment affirmed as trial court did not err finding sufficient evidence to terminate appellant's parental rights pursuant to Code § 16.1-283(B) and (C)(2); no error finding termination in the best interest of the child, parent unwilling to correct his behavior, and no suitable permanent family placement; other claim waived, Rule 5A:20(e)

1956224 Under Wild Skies, Inc. v. National Rifle Association of America 07/09/2024
Trial court did not err denying appellant's motion to set aside jury's verdict as result of failure to give proposed jury instruction; no abuse of discretion denying appellant's proposed jury instruction as Virginia law does not recognize the doctrine of reasonable assurances

1965224 National Rifle Association of America v. Under Wild Skies, Inc. 07/09/2024
Judgement affirmed as trial court did not err denying appellant's motion to set aside jury's verdict as supported by the evidence; no error denying affirmative defense of fraudulent invoicing as evidence inadequate to support defense; no error denying defense of recoupment as payments not part of same transaction; other recoupment claim waived, Rule 5A:18

0174232 Chinico Davenport v. CBR Motorwerx, LLC 07/02/2024
Judgment affirmed as appellant made no objections to any of the trial court's rulings; claims of error waived by not timely filing transcript or written statement of facts; appellee's request for sanctions and attorney fees waived, Rules 5A:8(c), 5A:18

0333231 Anthony Sahadeo v. City of Norfolk 07/02/2024
Trial court did not err denying appellant's request for a jury trial as untimely and granting motion for summary judgment; appellant's jury request was untimely as filed more than ten days after the last pleading directed to the issue; no abuse of discretion granting appellee's motion in limine; appellant not deprived of due process in grant of summary judgment

0416234 Ritcon, LLC, d/b/a Advanced Contents Recovery v. Susan Doran 07/02/2024
Judgment affirmed in part and reversed in part; trial court erred in awarding punitive damages to appellee as no evidence of willful and wanton conduct; remaining claims and assignment of cross-error are either waived or moot; as appellant did not challenge liability for negligence or conversion, challenge to compensatory damages waived, Rule 5A:18

0485233 Joshua Luke Curry v. Commonwealth of Virginia 07/02/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of possession with intent to distribute methamphetamine; totality of circumstances allowed finding of intent to distribute drugs; no abuse of discretion handling cross-examination of witness and limiting appellant's closing argument; other claims waived, Rule 5A:18

0580231 Peter W. Babar v. Commonwealth of Virginia 07/02/2024
Trial court did not err finding evidence sufficient to convict appellant of possession of a firearm as a violent felon; testimony of witness, appellant's conduct as corroborated by video footage, and circumstantial evidence permitted court to find appellant possessed actual firearm

0652232 Rakim Jamal Jackson v. Commonwealth of Virginia 07/02/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of unlawful wounding and possession of a firearm by a violent felon; video evidence sufficient to find no immediate and real threat to appellant and no act of necessity; no abuse of discretion giving jury instruction defining imminent danger that correctly stated law of self-defense;

0667234 Richetta Veronique Hammonds v. Commonwealth of Virginia 07/02/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict appellant of drinking while driving, driving while intoxicated, and following too closely; no abuse of discretion permitting testimony about not administering breath test and denying proposed jury instruction; remanded to correct scrivener's error; jury question claim waived, Rule 5A:20

0706234 Noor A. Popal v. Sanjay Garg 07/02/2024
Judgment affirmed as trial court did not abuse its discretion sustaining objection to testimony on causation of neck injury, instructing the jury on mitigation, and denying appellant's motion to set aside verdict and for new trial; jury verdict not inadequate as a matter of law; claims of error admitting testimony as outside scope of direct and improper bias waived, Rule 5A:18

1146222 Kyle Raymond Potts v. Commonwealth of Virginia 07/02/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of four counts of possession of a controlled substance with intent to distribute; evidence sufficient to prove constructive possession of the drugs; no error denying motion to set aside the verdict as appellant failed to prove impeachment evidence was material and prejudicial

1210232 Heather K. L. Corpin v. City of Fredericksburg Department of Social Services 07/02/2024
Trial court did not err in terminating appellant's parental rights pursuant to Code § 16.1-283(C)(2) and approving the foster care goal of adoption; no error finding termination in the best interest of the child, that parents failed to substantially remedy circumstances that caused the child to be placed in foster care, and finding no suitable relative placement

1301231 Isadore Miracle Humphrey, II v. Commonwealth of Virginia 07/02/2024
Trial court did not err denying appellant's motion to suppress evidence of firearm; appellant's seizure was not made in violation of Fourth Amendment as officers possessed reasonable suspicion to detain appellant, conduct a pat-down, and retrieve firearm

1440232 Fernando Montero Laboy v. City of Fredericksburg Department of Social Services 07/02/2024
Trial court did not err in terminating appellant's parental rights pursuant to Code § 16.1-283(C)(2) and approving the foster care goal of adoption; no error finding termination in the best interest of the child, that parents failed to substantially remedy circumstances that caused the child to be placed in foster care, and finding no suitable relative placement

1637233 Eugene Brown v. Ariana Chantel Showalter, et al. 07/02/2024
Trial court did not err dismissing appellant's personal injury and property damage lawsuit for failing to timely serve appellee; no error finding appellant did not act with due diligence to obtain service of the complaint within twelve months, Code § 8.01-275.1

1915231 Ashlee Nicole Phoenix v. Commonwealth of Virginia 07/02/2024
Judgment affirmed as trial court did not abuse its discretion imposing active sentence in a violation of probation matter; due process claim and claim related to alleged absence of factual findings waived, Rule A:18

1945223 Cristian Alejandro Perez v. Commonwealth of Virginia 07/02/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of possessing 10 to 100 grams of methamphetamine with intent to distribute; evidence supports finding appellant possessed methamphetamine; assignment of error to challenge sufficiency of evidence regarding distribution waived, Rule 5A:20(e)

0162241 Commonwealth of Virginia v. Joseph Corcoran 06/25/2024
Trial court did not err granting appellee's motion to suppress all evidence seized from wallet; gaps in record preclude application of the search-incident-to-arrest doctrine as record silent as to when search of wallet occurred; lack of evidence precludes application of inevitable-discovery doctrine; reliance on good-faith exception misplaced based on circumstances

0606234 Felicia N. Speller v. Sentara Norfolk General Hospital, et al. 06/25/2024
No error in Commission finding appellant had not timely requested review of compensation award, concluding it lacked jurisdiction, and denying her request for review

0625231 5800 HVB, LLC v. Harbour View Commerce Association, Inc. 06/25/2024
Trial court did not err denying appellant's suit seeking declaratory judgment that appellee was required to approve any use permitted in a B-2 district as a matter of right; no error finding the review board was authorized to reject appellant's plans to develop its property as failing to conform to the overall plans within the commerce center

0796232 Gregory Fuller v. Commonwealth of Virginia 06/25/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict appellant of failure to reregister as a sex offender; evidence sufficient appellant knew of duty to register and how to properly complete reregistration form; argument that merely timely filing of an incomplete form satisfied reregistration not properly before the court, Rule 5A:18

1657224 2000 Courthouse, LLC v. Abal Courthouse, LLC, d/b/a Chercher Ethiopian Restaurant and Cafe 06/25/2024
Trial court did not abuse its discretion denying appellant's request for attorney fees as he did not establish fees were reasonable and incurred to litigate lease dispute

2009224 Abal Courthouse, LLC, d/b/a Chercher Ethiopian Restaurant and Cafe 06/25/2024
Trial court did not err finding evidence sufficient appellant breached the lease agreement by not paying rent and condition precedent to pay rent had occurred; trial court did not err excluding certain evidence as cumulative or irrelevant

2035232 Willard Chapman v. Henrico County Department of Social Services 06/25/2024
Judgment affirmed as trial court did not err in terminating appellant's parental rights pursuant to Code § 16.1-283(C)(2); argument for appeal not preserved, and ends of justice exception not appropriate as adequate evidence supports the decision, Rule 5A:18

0028234 Keiry Marisol Torres, s/k/a Kiery Marisol Torres v. Commonwealth of Virginia 06/18/2024
Judgment affirmed as trial court did not err denying appellant's motion to vacate as requirement that sworn advisement form be attached to summons is procedural and not substantive; any error giving jury instruction harmless as record shows jury had come to a decision on the charge of refusing a breath or blood test before instruction given

0388232 Celvin Eraldo Corado Beltran v. Commonwealth of Virginia 06/18/2024
Judgment affirmed as appellant failed to preserve his arguments challenging the voluntariness of his plea and admission of Commonwealth's proffer; ends of justice exception does not apply as no demonstration trial court erred and no showing of manifest injustice, Rule 5A:18

0445232 Roy Black v. C. T. Woody, Jr., et al. 06/18/2024
Trial court did not abuse its discretion excluding expert testimony offered by appellant where sole designation stated standard of care breached by failure to timely send appellant to the hospital; record supports expert not familiar with policies associated with transferring an inmate to the hospital; no error granting appellees' motions to strike evidence

0481234 John Thomas Bey v. Commonwealth of Virginia 06/18/2024
Judgment waived as trial court did not err finding evidence sufficient for jury to convict appellant of attempted malicious wounding of law enforcement officers; evidence supports conclusion appellant knew occupants of vehicle were police; claim challenging conviction for maliciously shooting at an occupied law enforcement vehicle waived, Rules 5A:18, 5A:20(e)

0632232 Travis Aaron Ball v. Commonwealth of Virginia 06/18/2024
Judgment affirmed as trial court did not abuse its discretion admitting body-worn camera video, recording of a video call from jail, and a portion of the transcript from appellant's capital murder conviction sentencing hearing during revocation hearing; admissions relevant to provide context and determine whether and how to modify suspended sentence, Rule 5A:18

0762231 Richard Eugene Stoner v. Commonwealth of Virginia 06/18/2024
Trial court did not err denying appellant's motion to suppress his confession; appellant not subject to custodial interrogation before being advised of Miranda rights and confession not a product of intimidation, coercion, or deception; no abuse of discretion denying motion to recuse prosecutors as appellant failed to establish they were necessary witnesses

0790233 Mark Wayne Gusler v. Commonwealth of Virginia 06/18/2024
Trial court did not err finding evidence sufficient to convict appellant of use of a sawed-off shotgun during a crime of violence; assault and battery and use of the shotgun do not violate double jeopardy as each offense contained an element the other does not; no abuse of discretion allowing evidence of prior threat to victim as probative of appellant's intent to kill victim

0906232 Andrew Gordon Luck v. Commonwealth of Virginia 06/18/2024
Trial court did not err finding evidence sufficient to convict appellant of strangulation; victim's testimony not inherently incredible and evidence sufficient to show victim suffered a bodily injury

1086234 John Michael Wolfe v. Patrick R. Woolley, et al. 06/18/2024
Trial court did not abuse its discretion denying appellant's petition to proceed in forma pauperis; claim of error for dismissing motion for reconsideration not considered as decided 31 days after final order

1426223 Gregorio Maria Paone v. Commonwealth of Virginia 06/18/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of assault and battery of a family member; no abuse of discretion allowing contested testimony as no Brady violation and appellant failed to show materiality of statement or prejudice; no abuse of discretion rejecting appellant's proposed jury instruction on self-defense

1449233 Dominic Thomas Novia v. Commonwealth of Virginia 06/18/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of second-degree murder, use of a firearm, and malicious shooting into an occupied building; evidence, circumstantial and direct, overwhelmingly supports the finding appellant shot and killed his grandmother

1801224 Sharon Robertson, et al. v. Ricky Wes Loy 06/18/2024
Judgment affirmed as trial court did not err dismissing appellants' breach of contract claims on claim preclusion grounds; trial court did err dismissing the negligence claims under the economic-loss rule and matter remanded for further proceedings; challenge to breach of warranty claims waived, Rule 5A:18

1818224 Angelo J. Carmello, Jr., etc. v. Kelly Marie Adams Cockerill, a/k/a Kelly Cockrill, et al. 06/18/2024
For reasons appearing to the Court, the opinion issued is withdrawn.

1819224 Angelo J. Carmello, Jr., v. Kelly Marie Adams Cockerill, a/k/a Kelly Cockrill, et al. 06/18/2024
For reasons appearing to the Court, the opinion issued is withdrawn.

1972221 Michael Alan Webb v. Commonwealth of Virginia 06/18/2024
Judgment affirmed as trial court did not abuse its discretion finding appellant was competent to represent himself at trial; appellant timely, clearly and unequivocally, and voluntarily, knowingly, and intelligently waived counsel; Rules 5A:18, 5A:20

0096232 Mathew P. Appelget, et al. v. Pig and Pearl BBQ LLC 06/11/2024
Trial court erred granting remedy of recission for appellee on the breach of contract claim; evidence did not support findings of profitability, or distributions; appellee abandoned any appropriate remedy regarding failure to provide financial records; scrivener's error as to default judgment; matter reversed and remanded to enter an order consistent with opinion

0341234 Robel Abebe Getachew v. Commonwealth of Virginia 06/11/2024
Judgment affirmed as appellant waived argument that trial court abused its discretion instructing jury on permissive inferences arising from BAC results; appellant waived arguments challenging admissibility of certificate of analysis by introducing evidence of the same character; any error admitting witness testimony regarding search warrant harmless as cumulative

0354232 Timothy Adkins v. King and Queen County Department of Social Services 06/11/2024
Trial court did not err in terminating appellant's parental rights pursuant to Code § 16.1 283(C)(2) and finding termination was in the best interests of the child; appellant had been unwilling or unable to remedy substantially the conditions which led to foster care placement

0379232 Belynda Hilton v. King and Queen County Department of Social Services 06/11/2024
Trial court did not err in terminating appellant's parental rights pursuant to Code § 16.1 283(C)(2) and finding termination was in the best interests of the child; appellant had been unwilling or unable to remedy substantially the conditions which led to foster care placement

0385233 Gregorio Corona Valderama, a/k/a Juan Carlos Becerra-Reyes v. Commonwealth of Virginia 06/11/2024
Trial court did not err denying appellant's motion to strike and finding evidence sufficient to convict appellant of distributing between 10 and 100 grams of methamphetamine; no abuse of discretion determining requisite chain of custody to admit drugs and certificate of analysis identifying the drugs

0573232 Anthony Lamont Brown v. Commonwealth of Virginia 06/11/2024
Trial court did not abuse its discretion refusing to instruct the jury on voluntary manslaughter; not a scintilla of evidence was presented at trial that appellant acted in the heat of passion upon reasonable provocation

0607231 Rocky A. Mugynei, II v. Commonwealth of Virginia 06/11/2024
Trial court did not err finding evidence sufficient to convict appellant of voluntary manslaughter and felony child abuse; evidence sufficiently established appellant caused the child's injuries and failed to provide necessary care for the child; no abuse of discretion limiting cross-examination of a witness as beyond the scope of direct examination

0631234 Jose Pedro Marquez Martinez v. Commonwealth of Virginia 06/11/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant on four counts of sexual battery and that victim's testimony was not inherently incredible

0648231 Antwan Christopher Williams v. Commonwealth of Virginia 06/11/2024
Judgment affirmed as trial court did not abuse its discretion admitting videotaped forensic interviews of two victims at appellant's trial, or admitting out-of-court statements made by victims to their mother as corroboration of their testimony; argument the trial court required to view videos waived, Rule 5A:18

0704231 Ebonee Arnae Hines v. Commonwealth of Virginia 06/11/2024
Judgment affirmed as appellant's claim trial court erred convicting her of assault and battery of a family member where that charge was not a lesser-included offense of the indicted charge not preserved; ends of justice exception does not apply under the facts and circumstances of this case where record contains evidence establishing her guilt, Rule 5A:18

0735231 City of Portsmouth, et al. v. Robert Ayers 06/11/2024
Judgment affirmed as no error in Commission finding appellee entitled to continuing temporary total disability benefits beginning January 2022; Commission's findings supported by credible evidence in the record; other argument not preserved for appeal, Rule 5A:18

0768233 Robert Allen Brotherton v. Commonwealth of Virginia 06/11/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict appellant of aggravated malicious wounding and strangulation; no abuse of discretion admitting certain medical records into evidence; appellant failed to preserve speedy trial claim and sufficiency of evidence on two other charges, Rules 5A:18 and 5A:20

1590224 Ticonderoga Farms, LLC, et al. v. Alexander B. Knop, et al. 06/11/2024
Trial court did not err granting appellees' motion for dissolution and declaratory judgment and denying appellants' motions to strike and for summary judgment; no error finding res judicata did not apply to appellants' attempt to enforce draft operating agreement; no error to deny appellants' motion to disassociate appellees as not an appropriate remedy

1840221 Amos Jacob Arroyo v. Commonwealth of Virginia 06/11/2024
Judgment affirmed as trial court did not err finding appellant's speedy trial rights were not violated and finding evidence sufficient for the jury to convict appellant of two counts of first-degree murder, two counts of use of a firearm, and other charges; no abuse of discretion rejecting appellant's proffered jury instructions, Rules 5A:18 and 5A:20(e)

1910224 Mumeet Muhammad, s/k/a Tonie Macklin v. Commonwealth of Virginia 06/11/2024
Trial court did not err denying motion to strike and finding evidence sufficient to convict appellant of aggravated malicious wounding and abduction; no error denying motion to suppress his statements to police; no abuse of discretion denying chain-of-custody objection, refusing jury instruction on use of deadly force by police, or admitting 911 call as excited utterance

0229231 Carlos Eduardo Molina v. Commonwealth of Virginia 06/04/2024
Trial court did not err finding evidence sufficient to establish jurisdiction and for the jury to convict appellant of aggravated sexual battery; no abuse of discretion allowing testimony of victim's father, denying appellant's motion for mistrial, and sentencing appellant to ten years of supervised probation after his release from custody

0288233 Curtis Ray Spurlock v. Commonwealth of Virginia 06/04/2024
Trial court did not err finding evidence was sufficient for a jury to convict appellant of two counts of rape, two counts of object sexual penetration, and related charges; no error finding sufficient evidence of identity, supervisory relationship to victims, jurisdiction, ages of the victims, and age of the appellant

0347232 James Larry Cribbs, Jr. v. Commonwealth of Virginia 06/04/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of one first offense and six subsequent offenses of use of a communication system to solicit a child to engage in sex acts; no abuse of discretion finding chain of custody established and admitting contents of appellant's cell phone

0545231 Kurupt Mahdi v. Commonwealth of Virginia 06/04/2024
Trial court did not err denying appellant's motion to suppress evidence for lack of probable cause to search his vehicle; officer observed what was believed to be a controlled substance in plain view inside the vehicle

0671231 Kurt Daniel Crowell v. Commonwealth of Virginia 06/04/2024
Trial court did not err denying appellant's motion to suppress evidence; warrant sufficiently particular and did not violate Fourth Amendment

0716233 Kristen Bowes v. Franklin County Department of Social Services 06/04/2024
Trial court did not err finding evidence sufficient to terminate appellant's parental rights under Code § 16.1-283(B); evidence demonstrated it was not reasonably likely the conditions that resulted in the childrens' neglect or abuse could be substantially corrected or eliminated within a reasonable period of time

0742231 Xavier Demonye Bonilla v. Commonwealth of Virginia 06/04/2024
Trial court did not err finding evidence sufficient to convict appellant of second-degree murder and reject appellant's self-defense claim; no abuse of discretion sustaining objection to the introduction of evidence of victim's prior behavior where nothing in proffer included acts of violence or a propensity for violence

0846234 Christina Boyer v. Frederick County Board of Supervisors 06/04/2024
Trial court did not err sustaining demurrer to appellant's complaint for declaratory judgment that appellant was entitled to a conditional use permit; complaint failed to sufficiently allege appellee's action was arbitrary, capricious, or not fairly debatable under Code § 15.2 2285; no abuse of discretion denying motion to file second amended complaint;

0873234 Rodrigo Burela Peralta v. Commonwealth of Virginia 06/04/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of driving under the influence; abundant circumstantial evidence appellant was under the influence of alcohol

1407223 Ted Anthony Jennings, Jr. v. Commonwealth of Virginia 06/04/2024
Petition for Rehearing En Banc granted

1534233 Lacy HighSmith v. Franklin County Department of Social Services 06/04/2024
Trial court did not err finding evidence sufficient to terminate appellant's parental rights under Code § 16.1-283(C)(2); evidence demonstrated appellant had failed to remedy the conditions that led to the childrens' placement and continuation in foster care within a reasonable period of time.

1748224 Yafet Ghebreyesus Yohannes v. Commonwealth of Virginia 06/04/2024
Judgment affirmed as issues based upon application of Code § 19.2-306.1 to probation violation hearings were not preserved; ends of justice exception does not apply as appellant invited the error, Rule 5A:18

1854221 Antonio Lee Sutton v. Commonwealth of Virginia 06/04/2024
Trial court did not err finding evidence sufficient for the jury to find premeditation and convict appellant of first-degree murder or denying his motions to strike; no abuse of discretion rewording voir dire questions or denying motion to strike cohabiting jurors; no abuse of discretion limiting testimony of a defense witness or denying mistrial based on conduct of juror

0072234 Covanta Fairfax, LLC, et al. v. Lexington Insurance Company, as Subrogee, etc. 05/28/2024
Trial court abused its discretion dismissing case for breach of contract against appellant without prejudice; as the occurrence of the condition precedent, delivery of reconciliation statement and invoices had expired, case should be dismissed with prejudice; waiver provision not applicable to condition precedent; reversed and remanded for entry of order consistent with ruling

0236231 Karnell R. Pough, Jr. v. Commonwealth of Virginia 05/28/2024
Judgment affirmed as trial court did not err denying appellant's motion to strike and finding evidence sufficient for the jury to reject the claim of self-defense and convict him of second-degree murder; no error denying motions to suppress; no abuse of discretion refusing one of appellant's proffered jury instructions; other challenges not preserved, Rules 5A:18 and 5A:20

0260233 Steven Wade Carter v. Commonwealth of Virginia 05/28/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of six counts of rape, six counts of object sexual penetration, and six counts of forcible sodomy; evidence sufficient to support proper venue in Pittsylvania County for one count of rape; victim's testimony was not inherently incredible

0340231 Timothy Dennis Hilgers v. Commonwealth of Virginia 05/28/2024
Trial court did not err finding evidence was sufficient to convict appellant of felony driving on a revoked license; possible for a rational factfinder to find appellant's failure to check adjacent lane before shifting endangered others or their property

0522233 Thomas R. Kelley, et al. v. James R. Nisbet 05/28/2024
Judgment affirmed as trial court did not err granting the plea in bar filed by appellee and dismissing appellants' complaint; appellants failed to sufficiently plead they had statutory standing to bring the action for accounting under Code § 64.2 1614; argument waived that leave to amend should have been granted when no request to amend made, Rule 5A:18

0546234 Kraig Danielson, et al. v. Windswept Farm VA, LLC 05/28/2024
Judgment affirmed as trial court did not err granting default judgment against appellant; appellant failed to file an answer as ordered and failed to preserve challenges to trial court's order, Rule 5A:18

0589233 Virgil Naff, Jr. v. Sara Lou Fackina 05/28/2024
Trial court did not abuse its discretion denying the motion to set aside the jury's zero-dollar verdict; liability was admitted, but not causation or damages; jury instructions permitted a determination of a zero-dollar verdict and the verdict is supported by the evidence

0590233 Virgil Atlee Naff v. Sara Lou Fackina 05/28/2024
Trial court did not abuse its discretion denying the motion to set aside the jury's zero-dollar verdict; liability was admitted, but not causation or damages; jury instructions permitted a determination of a zero-dollar verdict and the verdict is supported by the evidence

0797222 Kenneth P. Dubs, Sr. v. Thomas Mancuso 05/28/2024
Trial court did not err dismissing appellant's appeal of the district court's denial of motion to set aside a default judgment as not a final appealable order; trial court lacked subject matter jurisdiction and correctly dismissed the appeal; signature defect in appeal bond properly cured

0863234 Ernest Brant, et al. v. Sondra J. Schneider 05/28/2024
Trial court did not err denying appellants' application under Rule 1:1A for attorney fees; Rule 1:1A permits, not mandates, a prevailing appellee's recovery of appellate attorney fees and it is not an independent cause of action to recover attorney fees; trial court bound by Supreme Court's decision to dismiss appellants' motion for sanctions against appellee

1291233 Jennifer Lynn Williams v. Commonwealth of Virginia 05/28/2024
Trial court did not abuse its discretion admitting the certificate of analysis from appellant's breath test; trooper substantially complied with Code § 18.2 268.9 even though appellant was not given a copy of the breath test results at time of the test

1660221 Elthon Valerio v. Commonwealth of Virginia 05/28/2024
Trial court did not err finding evidence sufficient to sustain appellant's convictions of malicious wounding, use of a firearm in commission of a felony, and possession of a firearm by violent felon; evidence sufficient to overcome claim of self-defense and demonstrate malice; no abuse of discretion denying bail during pendency of the appeal

1768222 Ondria Samuel Hardeman v. Commonwealth of Virginia 05/28/2024
Trial court did not err finding sufficient evidence for the jury to convict appellant of aggravated sexual battery; evidence of both actual and constructive force sufficient to support appellant's conviction

1774222 Zavia Raymon Murphy v. Commonwealth of Virginia 05/28/2024
Trial court did not err finding delays due to pandemic that did not involve intentional harm or negligence toward appellant were valid, unavoidable, and fully justified; trial court previously erred weighing delays caused by pandemic, assertion of right to speedy trial, and prejudice in appellant's favor and dismissing the indictments on constitutional speedy trial grounds

1894222 Hussin F. Abed Ali, s/k/a Hussein Abed Ali v. Commonwealth of Virginia 05/28/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict of abduction and denying motion to suppress; harmless error admitting hearsay testimony by deputy; arguments regarding admission of interpreter's statements, definition of personal liberty, and refusal to allow video recording of custodial interrogation waived, Rules 5A:18 and 5A:20

0026234 Steven E. Vivirito v. Anne Marie Vivirito 05/21/2024
Judgment affirmed as trial court did not err determining equitable distribution award for appellant's retirement, amount owed to appellee, and attorney fees to appellee; having paid the amount owed and attorney fees, appellant waived those arguments; appellee entitled to award of appellate attorney fees and case remanded for determination; other argument waived, Rule 5A:20

0046231 Melvin Edgardo Molina-Ramos, s/k/a Melvin Edgar Molina-Romas v. Commonwealth of Virginia 05/21/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of solicitation to commit murder, conspiracy to commit murder, gang participation, and accessary after the fact; no abuse of discretion admitting conviction orders to establish existence of a criminal street gang; other claim waived, Rule 5A:20(c)

0176232 Manuel Meza Guiterrez v. Perdue Farms, Inc., et al. 05/21/2024
No error in Commission's finding that appellant failed to prove his fall arose out of his employment; any conclusion about the specific reason for the fall merely speculative

0258233 Julie Karole Garten v. Commonwealth of Virginia 05/21/2024
Trial court did not err finding evidence sufficient to convict appellant of child endangerment; no abuse of discretion allowing cross-examination of appellant about prior involvement with Child Protective Services after door opened on direct examination; totality of conduct and circumstances sufficient to satisfy gross, wanton, and culpable standard of criminal negligence

0298232 Chrishawn Hickman, s/k/a Chrishawn Donnell Hickman v. Commonwealth of Virginia 05/21/2024
Judgment affirmed as trial court did not err denying appellant's motion to suppress evidence; no violation of Fourth Amendment rights when police stopped his car, seized firearms inside, and retained car and firearms; arguments challenging stop and seizure of firearms waived; appellant failed to meet burden to invoke ends-of-justice exception, Rules 5A:18 and 5A:20

0476231 Willie Floyd, Jr. v. Commonwealth of Virginia 05/21/2024
Judgement affirmed as trial court did not err finding evidence sufficient for the jury to find premeditation and convict appellant of first-degree murder and use of a firearm; no abuse of discretion admitting evidence of his prior physical abuse of former girlfriend as relevant to motive; argument challenging admission of evidence as prior bad acts not preserved, Rule 5A:18

0537234 Mary Pat O'Brien v. Northern Virginia Community College/Commonwealth of Virginia 05/21/2024
No error in Commission denying appellant's claim for benefits, finding that appellant failed to prove her injury arose out of her employment; appellant failed to meet her burden showing the Commission committed reversible error

0750232 James Albert Hartsfield v. Commonwealth of Virginia 05/21/2024
Trial court did not err finding evidence sufficient to convict appellant of aggravated sexual battery; no abuse of discretion allowing testimony regarding an anatomical drawing and admitting documentation of the victim's mental condition

0756232 Allan Johnson, Sr. v. Henrico Department of Social Services 05/21/2024
Trial court did not err terminating appellant's parental rights pursuant to Code § 16.1-283(C)(2); no abuse of discretion finding evidence sufficient to prove appellant failed to remedy conditions which led to foster care placement within a reasonable time and that termination in best interest of the child

0820233 Stephen Millard v. Commonwealth of Virginia 05/21/2024
Trial court did not err finding appellant remained a sexually violent predator; finding is supported by the totality of the record and expert opinion, Code § 37.2-910

0842232 Devin Oshea Jones v. Commonwealth of Virginia 05/21/2024
Trial court did not err denying appellant's Batson challenge to Commonwealth's use of two of its four peremptory strikes or finding appellant failed to establish a prima facie case of racial exclusion; Commonwealth provided race-neutral explanations for striking the two jurors; appellant's conviction for possession or transportation of a firearm upheld

0866233 Richard Cori Harth, a/k/a Gabriella Anathema v. Commonwealth of Virginia 05/21/2024
Judgment affirmed as trial court did not err finding appellant had intent to deprive his mother of the vehicle and evidence sufficient to convict appellant of carjacking; argument that trial court erred by excluding sanity evaluation at sentencing waived, Rule 5A:18

1557222 Rhonn Malique James v. Commonwealth of Virginia 05/21/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of rape by means of physical helplessness; no abuse of discretion denying appellant's proposed jury instructions; challenge to admission of expert testimony waived, Rule 5A:18

1608224 James Vega, et al. v. Katryn Naomi Vega, et al 05/21/2024
Trial court erred sustaining the plea in bar as trial court had jurisdiction to proceed with the adoption petition; plain language of Code § 63.2-1242.3 does not state failure to maintain continuous physical custody imposes an absolute legal bar; matter reversed for further proceedings

1790222 David M. Green v. Commonwealth of Virginia 05/21/2024
Judgment affirmed as trial court did not abuse its discretion granting Commonwealth's motion in limine to exclude appellant's proffered evidence relevant to necessity defense; evidence failed to establish more than a scintilla of evidence appellant reasonably feared an imminent threat of harm

1934222 Brady Andrew Reed v. Commonwealth of Virginia 05/21/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of attempted strangulation and assault and battery of police officer; no abuse of discretion imposing sentence within statutory sentencing range and admitting evidence of prior fight to explain appellant's injuries as probative value outweighed prejudice, Rule 5A:18

1947221 Brian David Crockett v. Commonwealth of Virginia 05/21/2024
Trial court did not err denying appellant's motion to set aside verdict, finding evidence sufficient to prove appellant participated in a conspiracy, and for the jury to convict him of two counts of conspiracy to deliver a controlled substance to an inmate; totality of circumstances supports jury rejection of appellant's hypotheses of innocence

0020234 Michael David Smail v. Commonwealth of Virginia 05/14/2024
Trial court abused its discretion convicting appellant of three counts of failure to appear; convictions reversed as no evidence of timely notice of September hearing date in the record

0098233 Timothy Alan Redman v. Roanoke City Department of Social Services 05/14/2024
Judgment affirmed as trial court did not err removing appellant's child, placing child in the custody of the department of social services, and approving foster care plan with primary goals of relative placement and adoption; no error concluding child had been abused and neglected, finding reasonable efforts to prevent removal, and no less drastic alternative, Rule 5A:20(e)

0156233 Tracy Lynn Cline v. Roanoke City Department of Social Services 05/14/2024
Judgment affirmed as trial court did not err removing appellant's child, placing child in the custody of the department of social services, and approving foster care plan with primary goals of relative placement and adoption; no error concluding child had been abused and neglected, finding reasonable efforts to prevent removal, and no less drastic alternative, Rule 5A:18

0234232 Willie Jackson Farley, III v. Commonwealth of Virginia 05/14/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict appellant of aggravated malicious wounding, arson, burglary, and robbery; any error regarding jury instructions waived as not objected to at trial; ends of justice exception not applicable as the record contains overwhelming evidence of guilt and any error harmless, Rule 5A:18

0282231 Tony Curtis Spivey v. Commonwealth of Virginia 05/14/2024
Judgment affirmed as trial court did not err denying appellant's motion to suppress; traffic stop supported by reasonable suspicion that appellant's driver's license was suspended; evidence established vehicle lawfully impounded, search and impoundment pursuant to standard police procedures, and search not pretextual in nature; other argument not preserved, Rule 5A:18

0311232 David Nielsen v. Tremblay & Smith, PLLC 05/14/2024
Trial court did not err finding appellee breached the legal services contract October 1, 2020 and appellant was not required to pay attorney fees after that date; unclean hands doctrine does not prevent appellee from collecting any attorney fees before October 1, 2020

0395231 Darrell Jamal Boyd v. Commonwealth of Virginia 05/14/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of unlawful wounding and domestic assault and battery; circumstantial evidence supports conclusion appellant assaulted victim and shot with intent to maim, disable, disfigure, or kill

0441232 Preston John Thomas Hamlin v. Commonwealth of Virginia 05/14/2024
Judgment affirmed as trial court did not err denying appellant's motion to suppress evidence obtained after searching vehicle driven by appellant; no abuse of discretion admitting certificates of analysis for substances and firearms; arguments as to reasonable suspicion to detain and search exceeding scope of stop not preserved, Rules 5A:18 and 5A:20(e)

0598231 Tony Lamonte Brown v. Commonwealth of Virginia 05/14/2024
Trial court did not err finding evidence sufficient to identify appellant, prove malice, and convict him of attempted malicious wounding, use of a firearm, and carrying a concealed weapon; no error finding appellant failed to carry his burden to prove self-defense

0777231 Lewis Darnell Skinner, Jr. v. Commonwealth of Virginia 05/14/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of possession of a firearm by a violent felon and denying his motion to strike; evidence sufficient to prove appellant was aware of the firearm's presence and that he constructively possessed the firearm

0924234 National Rural Electric Cooperative Association v. Arlington County 05/14/2024
Judgment affirmed as trial court did not err finding inverse condemnation claim barred by statute of limitations; claim trial court erred dismissing appellant's claim for not complying with Code § 15.2 1247 as requirements did not apply or were moot not preserved for appeal; claim County estopped from asserting statute of limitations waived, Rules 5A:18 and 5A:20(e)

1074234 Hisham El-Hamayel v. Michelle El-Hamayel, n/k/a Michelle Abusada 05/14/2024
Judgment affirmed as trial court did not abuse its discretion amending appellant's child support obligation; trial court did not impute additional income, but made a factual determination of income and was not required to explain why it deviated from presumptive guidelines; claims of error awarding appellee attorney fees and determining appellant's income waived, Rule 5A:8

1239222 Jack Marshall Heverin v. Commonwealth of Virginia 05/14/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of six counts of attempted aggravated murder of a law enforcement officer, use of a firearm, conspiracy to commit murder by mob, attempted burglary, and conspiracy to commit burglary and robbery; triggerman rule does not apply to attempted aggravated murder, Code § 18.2 18

1332232 Pamela Jean Labuda v. Commonwealth of Virginia 05/14/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of grand larceny; evidence sufficient to establish intent to permanently deprive

1564233 Michael Brumfield v. Commonwealth of Virginia 05/14/2024
Trial court did not err in finding appellant remains a sexually violent predator ineligible for conditional release, Code § 37.2-910

1709223 Suzanne E. Egolf v. First Citizens Bank & Trust Company, et al. 05/14/2024
Judgment affirmed as trial court did not err sustaining demurrers to appellant's complaint and amended complaint seeking recission of a foreclosure sale and damages; given the combination of the incomplete record for review and insufficiency of appellant's opening brief, arguments on appeal are waived, Rules 5A:8(b)(4)(ii) and 5A:20(e)

0071233 Ahmad Halim Mubdi v. Commonwealth of Virginia 05/07/2024
Trial court did not err finding evidence sufficient for jury to convict appellant of first-degree murder, use of a firearm, and possession of a firearm; no abuse of discretion admitting videos as they were properly authenticated by witnesses to the events; no abuse admitting statements in 911 call as they were nontestimonial in response to an ongoing emergency

0154233 Robert Lee Webb v. Commonwealth of Virginia 05/07/2024
Trial court did not abuse its discretion refusing appellant's jury instruction addressing circumstantial evidence as the Commonwealth did not rely exclusively or substantially on circumstantial evidence; granted instructions fully and fairly covered the principles of law contained in the proffered instruction

0247231 Brandon Michael Expectacion v. Commonwealth of Virginia 05/07/2024
Trial court did not err finding evidence sufficient to convict appellant of statutory burglary; evidence of appellant's intent to commit larceny at the time of entry sufficient to support conviction

1049232 Terrell Malik Upson v. Commonwealth of Virginia 05/07/2024
Trial court did not err finding evidence sufficient to deny motion to strike and for jury to convict appellant of possession of child pornography; evidence sufficient to prove appellant knowingly possessed images of child pornography on his phone

1407223 Ted Anthony Jennings, Jr. v. Commonwealth of Virginia 05/07/2024
Trial court did not err sentencing appellant to a two-year period of mandatory incarceration for possessing a firearm within ten years of being adjudicated delinquent of a non-violent felony offense; juvenile adjudication is a predicate offense under Code § 18.2-308.2(A)

1501222 Bryan Allen Pittman v. Commonwealth of Virginia 05/07/2024
Trial court did not err finding evidence sufficient to convict appellant of three counts of aggravated sexual battery, two counts of sodomy, and two counts of object sexual penetration of a child under thirteen; victim's testimony not inherently incredible; trial court did not err denying appellant's motion to vacate the convictions based on discovery of new evidence

1696222 Heath Limuel Jones v. Commonwealth of Virginia 05/07/2024
Judgment affirmed as trial court did not err finding evidence sufficient for jury to convict appellant of unlawful wounding and destruction of property; evidence sufficient to demonstrate appellant possessed required intent and reject appellant's proffered defense-of-others theory; no abuse of discretion refusing appellant's jury instructions; other argument waived, Rule 5A:20

1784222 Jason Michael Bryant v. Commonwealth of Virginia 05/07/2024
Judgment affirmed as trial court did not err refusing to strike a juror for cause; record supports trial court's conclusion juror did not hold preconceived opinions or fixed biases he could not lay aside; argument juror's presence on the jury undermined public's confidence not preserved, Rule 5A:18

1895224 Darrin Mark Robertson v. Commonwealth of Virginia 05/07/2024
Petition for Rehearing granted

1960221 Gabriel Darius Ingram v. Commonwealth of Virginia 05/07/2024
Judgment affirmed as trial court did not err finding evidence sufficient for jury to convict appellant of rape; evidence sufficient to show sexual encounter nonconsensual; no abuse of discretion denying motion for mistrial due to alleged juror misconduct; claim evidence insufficient to show use of force, threat, or intimidation waived, Rule 5A:18

0082231 Alton Kasine Powers v. Commonwealth of Virginia 04/30/2024
Trial court did not err finding evidence sufficient to deny appellant's motion to strike and for the jury to convict appellant of first-degree murder, conspiracy to commit murder, and use of a firearm; ample circumstantial evidence for jury to infer that appellant and his two companions were acting in concert to fulfill an agreed and common plan to kill the victim

0161231 Brian Robert Lewis v. Commonwealth of Virginia 04/30/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of assault and battery, strangulation, and object sexual penetration; no abuse of discretion denying appellant's motion to strike a juror for cause; sufficiency argument for assault and battery waived, challenges to other charges not preserved, Rules 5A:18 and 20(e)

0363233 Will Lee Carter v. Commonwealth of Virginia 04/30/2024
Judgment affirmed as trial court did not err in finding appellant remains a sexually violent predator ineligible for conditional release under Code § 37.2-910; appellant's argument insufficient to show how the SVPA provisions are unconstitutional as applied to appellant; appellant failed to preserve other arguments, Rules 5A:18 and 20

0494233 James Wallace Plecker v. Commonwealth of Virginia 04/30/2024
Trial court did not err suspending eight years of appellant's twenty-year sentence for an indefinite period conditioned upon indefinite supervised probation; no violation of Code § 19.2 303; no abuse of discretion as sentence does not exceed maximum imprisonment penalty

0751233 Jaquan Wanya Carter v. Commonwealth of Virginia 04/30/2024
Trial court did not err finding evidence sufficient to convict appellant of possession of a firearm by a convicted felon and carrying a concealed weapon; totality of circumstances supported trial court's finding appellant was aware of the presence and character of the firearm and exercised dominion and control

1888224 Rigoberto Rodriguez v. Commonwealth of Virginia 04/30/2024
Judgment affirmed as trial court did not err finding evidence sufficient for jury to convict appellant of first-degree murder as principal in the second degree and use of a firearm; any error denying pretrial motions to suppress harmless as evidence cumulative; no abuse of discretion denying motion to sever charges as offenses were connected under Rule 3A:6(b)

1929223 Jason Edward Via v. Commonwealth of Virginia 04/30/2024
Trial court did not err finding evidence sufficient to convict appellant of felony eluding; record supports appellant could have seen flashing emergency lights; his speed evidenced willful and wanton disregard of officer's signals to stop, endangering himself and others; conviction of obstruction of justice reversed, error to find evidence sufficient under Code § 18.2 460

1939224 McDonnell Landscaping, Inc. v. The County Board of Arlington County, Virginia 04/30/2024
Trial court did not err finding appellant failed to comply with Code § 15.2 1246, that appellant was required to provide the notice of appeal and bond within 30 days of disallowance, and that notice of disallowance sent by the County Board was sufficient to trigger the 30-day deadline; notice of appeal and bond provisions are jurisdictional

0198232 Darrell Vincent Dunkum v. Commonwealth of Virginia 04/23/2024
Trial court did not err finding evidence sufficient to convict appellant of two counts of assault and battery of police officers and two counts of brandishing a firearm; evidence ample to support finding the officers' apprehension was reasonable

0269232 Stephen Paul Rabender, Jr. v. Commonwealth of Virginia 04/23/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of grand larceny and denying his motion to strike; no abuse of discretion admitting court document found in the stolen vehicle and overruling appellant's objection to continuing larceny jury instruction

0421234 Michael Lyons v. Mostapha El Jlailati 04/23/2024
Trial court did not abuse its discretion refusing to admit appellant's medical bills as evidence of economic damages based solely on appellant's testimony; trial court did not err allowing the medical bills to show pain and suffering; appellant failed to lay the proper foundation through expert testimony required to admit medical bills to show economic damages

0422234 Latrice Curtis v. Commonwealth of Virginia 04/23/2024
Trial court did not err finding evidence sufficient to convict appellant of child cruelty, child neglect, and assault and battery upon a family member; no abuse of discretion in the trial court admitting a recorded forensic interview of child victim under hearsay exception provided in Code § 19.2 268.3(B)

0610233 Mark A. Miller, et al. v. W. Derek Malcolm 04/23/2024
Trial court did not err sustaining appellee's demurrer to appellants' claim for legal malpractice; appellants failed to plead facts sufficient to show appellee's failure to discover and disclose gas lease was proximate cause of any harm; appellants had actual notice of lease and gas well before purchase; as plead, proximate cause of harm was appellants' failure to do more due diligence

0758233 Nancy G. Cook, et al. v. Leon H. Greene, Jr. 04/23/2024
Judgment affirmed as trial court did not abuse its discretion awarding partition in kind of real property; evidence sufficient to show division in kind possible; no abuse to qualify appellee's appraiser as an expert witness; claim of error for failure to order additional appraisal not preserved, Rule 5A:18; matter remanded for proceedings consistent with trial court's ruling

0794231 Warren Anthony Winstead v. Commonwealth of Virginia 04/23/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of assault and battery, strangulation, and wounding in commission of a felony; victim's testimony, supported by photographs and medical documentation, sufficient to sustain convictions

1023233 Omar Rodriguez-Guevara v. Commonwealth of Virginia 04/23/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of two counts of second-degree murder, two counts of use of a firearm, shooting into an occupied dwelling, and arson; no error rejecting appellant's version of events

1132221 Rasheem Watts v. Commonwealth of Virginia 04/23/2024
Petition for Rehearing En Banc granted

1252233 Brian Walter Martin v. Commonwealth of Virginia 04/23/2024
Trial court did not err finding evidence sufficient to convict appellant of feloniously eluding police; evidence proved appellant's manner of driving imperiled himself and the officer

1276222 Linda Heath v. The Estate of Louise T. Heath, Deceased 04/23/2024
Trial court erred sustaining appellee's demurrer to appellant's claim for adverse possession; court erred determining appellant's letter was unambiguous and finding allegations in her complaint were insufficient to state a cause of action; judgment reversed and matter remanded for further proceedings

1362224 David A. Renberg v. Julia Renberg 04/23/2024
Trial court erred entering a qualifying court order dividing appellant's military pension not required by the divorce decree or separation agreement; the QCO modified the substantive terms of the divorce decree and the trial court was without jurisdiction to enter it under Rule 1:1; judgment reversed and QCO and appellee's attorney fees vacated

1535221 Linda F. Green v. Bri'Anne Shervonne Green 04/23/2024
Trial court erred finding no material facts in dispute, entering summary judgment in appellee's favor, and dismissing appellant's complaint seeking reformation of the deed of gift; deed of gift's description of conveyed property is ambiguous; judgment reversed and matter remanded for further proceedings

1574224 Ahmad Azamy v. Icon Finance, LLC 04/23/2024
Trial court did not err finding a valid loan agreement between the parties; appellant's loan agreement with appellee not void and unenforceable as a gaming contract; no abuse of discretion finding contract not void for an unreasonable rate of interest as loan was made for business or investment purposes and greater than $5,000, Code § 6.2-317

1610222 James Abriel Gushwa v. Commonwealth of Virginia 04/23/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict appellant of rape; no abuse of discretion refusing to grant motion for mistrial and in denying appellant's motion for admission of rape shield evidence as victim's statements at issue were irrelevant and inadmissible

1642222 James Wesley Joplin, Sr. v. Terae Brenzell Harris 04/23/2024
Trial court erred dismissing appellant's suit with prejudice; error admitting unexecuted release as it constituted improper parol evidence to prove content of illegible document; judgment reversed as record contains no enforceable settlement agreement; matter remanded for further proceedings

1842224 Ivonee Cedeno v. For Every Body, LLC, et al. 04/23/2024
Judgment affirmed as trial court did not abuse its discretion vacating a default judgment against appellee as void ab initio for lack of personal jurisdiction; any error finding P&C had standing to challenge the default judgment harmless; no abuse of discretion dismissing appellant's case with prejudice for untimely service of process instead of granting appellant's motion for a nonsuit

1995221 Kenneth Charles Alvin v. Commonwealth of Virginia 04/23/2024
Trial court did not err denying appellant's suppression motion; totality of the circumstances support trial court's conclusion the officer had objective reasonable suspicion to investigate whether appellant lawfully possessed the concealed firearm; matter remanded to correct clerical error in the sentencing order

0180232 William Harry Roberts v. Commonwealth of Virginia 04/16/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of attempted murder, robbery, and abduction; no abuse of discretion admitting into evidence appellant's recorded jailhouse call and recording of the 911 call; impeachment evidence from the 911 call exculpatory and disclosed as soon as prosecution had the recording

0241233 Rayquon Amod Stone v. Commonwealth of Virginia 04/16/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of conspiracy to distribute a Schedule III drug and conspiracy to deliver drugs to an inmate; appellant's other claims are waived, Rules 5A:18 and 5A:20(c)

0312231 Anthony McFadden v. Commonwealth of Virginia 04/16/2024
Trial court abused its discretion by applying incorrect standard for expungement under Code § 19.2 392.2(A); error to require appellant to prove a direct connection between employment difficulties and his unexpunged charge; reversed and remanded for trial court to consider if appellant faces a reasonable possibility of manifest injustice because of unexpunged charge

0491234 LaVonnia Brown, et al. v. Sharon Johnson, et al. 04/16/2024
Trial court did not err finding the will that created a life estate did not create a remainder interest in appellants and finding appellee used the house as her personal residence; a personal residence need not be a primary or principal home or the sole or exclusive place where one resides

0507234 Tolga Burak Aksoy, et al. v. In Stock Today Cabinets, LLC 04/16/2024
Trial court did not err denying appellants' motion to set aside a jury verdict on appellee's claims for fraud and breach of duty of loyalty, and denying appellants' motion for remittitur of jury award of punitive damages; evidence sufficient to prove misrepresentation of a material fact, breach of a fiduciary duty of loyalty, and that appellee incurred damages

0519222 Paul Allen Marshall v. Commonwealth of Virginia 04/16/2024
Judgment affirmed as no error finding evidence sufficient for jury to convict of attempted murder, aggravated malicious wounding, strangulation, abduction, and use of a firearm; no violation of speedy trial or Miranda rights; no abuse of discretion in sentencing, and denying motions to strike certain jurors, for expert witness, and for ex-parte hearing, Rule 5A:18

1412222 Kevin Lamont Jones, Jr. v. Commonwealth of Virginia 04/16/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of unlawful wounding; evidence proved appellant caused bodily injury to victim with requisite intent; no abuse of discretion overruling appellant's objection to inconsistent statements jury instruction or denying motion for a mistrial

1429224 Elwood Lewis Thomas v. Commonwealth of Virginia 04/16/2024
Petition for Rehearing En Banc granted

1546222 Ieuan Rhys Phillips v. Commonwealth of Virginia 04/16/2024
Trial court did not err overruling appellant's motion to strike; verdict of the jury convicting appellant of rape supported by evidence; no abuse of discretion overruling appellant's Batson motion or admitting expert witness testimony

1619222 Noure's LLC v. S & M Convenience Deli, LLC, et al. 04/16/2024
Trial court did not abuse its discretion in refusing to set aside dismissal of appeal from general district court judgment and refusing to reopen the case when neither party appeared on the trial date, Code § 16.1 106.1(D)

1683224 Quick Desings, LLC v. Iva Sakic Nolan 04/16/2024
Trial court did not err on motion for summary judgment finding appellee's business was the proper party to the contract and not appellee; no error dismissing appellant's counterclaim as appellee not a party to asset purchase agreement and cannot sue or be sued individually

1788233 Commonwealth of Virginia v. Benjamin Carter 04/16/2024
Trial court erred granting appellee's motion to dismiss the indictment based on a claim of double jeopardy; appellee had not already been placed in jeopardy for the same offense; assault and battery and aggravated malicious wounding are not the same offense and require proof of different elements; ruling reversed and remanded to trial court for further proceedings

1895224 Darrin Mark Robertson v. Commonwealth of Virginia 04/16/2024
Judgment affirmed as trial court did not err overruling appellant's objection to testimony; any error overruling objection to hearsay testimony is harmless error, given overwhelming evidence identifying appellant; appeal of conviction for attempted unlawful creation of another's image dismissed as notice of appeal not filed timely, Rule 5A:6

1958224 Dan Shannon v. Curtis O. Smalls, II, s/k/a Tony Smalls 04/16/2024
Trial court erred holding appellant had burden of proving payments of money to appellee were a loan and finding payments to appellee were gifts; court erred denying appellant's motion to reconsider; judgment reversed, order vacated, and matter remanded for court to consider all of the evidence and exhibits in the record, and for further proceedings including attorney fees

0032231 Bruce Antoine Roane v. Commonwealth of Virginia 04/09/2024
Trial court did not err denying appellant's motion to suppress and finding evidence sufficient for the jury to convict appellant of possession of a firearm as a violent felon; no abuse of discretion overruling appellant's objection to a proffered jury instruction defining the term firearm

0041232 Benjamin J. Brown v. Stephanie N. Brown 04/09/2024
Trial court did not err ordering appellant to reimburse appellee for one-half of the reduction of his student loan balance and finding appellant not entitled to any part of appellee's 401(k) account; ruling that required appellant to reimburse appellee for tax liability reversed and remanded for further proceedings

0051232 Dawn Monroe v. Mary Washington Healthcare 04/09/2024
Trial court did not err dismissing appellant's personal injury action with prejudice; no abuse of discretion denying appellant's motion to add an additional party; appellant filed suit against the wrong entity by misjoinder, not misnomer

0054233 Keisha Bailey v. Coretta Thurman 04/09/2024
Trial court did not err dismissing appellant's petition for relief from unlawful exclusion; appellant failed to establish she was a tenant with rights under a lease agreement, and that without authority of the court, she was unlawfully excluded, Code § 55.1-1243.1

0517233 Jorge Cruz v. Commonwealth of Virginia 04/09/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of assault and battery on a law enforcement officer; no abuse of discretion refusing to suppress post-assault behavior of the appellant as relevant and probative of his intent to commit the assault

0993231 Larry Booker v. Commonwealth of Virginia 04/09/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict appellant of felony eluding; evidence sufficient to rebut appellant's affirmative defense assertion and alternate hypotheses of innocence

1360222 Rasheed Antoine Johnson v. Commonwealth of Virginia 04/09/2024
Trial court did not err denying appellant's motion to suppress; discovery of the firearm with other circumstances of the stop warranted a protective sweep of the car and officers did not prolong traffic stop

1374223 Amy Lynn Childress v. Jimmie Dewitt Childress, III 04/09/2024
Judgment affirmed as trial court did not err ordering custody and visitation matters remain in juvenile court; any error appointing guardian ad litem and committee for appellant during the proceedings harmless and no violation of due process; challenges to the equitable distribution award and support award waived and good cause exception does not apply, Rule 5A:18

1567224 Fred Harris, Jr., et al. v. Commonwealth of Virginia 04/09/2024
Judgment affirmed as trial court did not err finding appellants' dogs had been mistreated and therefore forfeited to the care of an animal shelter; any error denying motion for a bill of particulars harmless; no error denying motion to suppress; motion to dismiss for violations of due process and necessity for separate ruling claims barred, Rule 5A:18

1578222 Larry D. Greene, s/k/a Larry Demetric Greene v. Commonwealth of Virginia 04/09/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict appellant of arson; appellant's failure to make adequate proffer of excluded photograph and witness testimony precludes review of trial court's decision; assertion of constitutional violation denying presentation of evidence not preserved, Rule 5A:18

1653222 David Alexander Harris v. Commonwealth of Virginia 04/09/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict appellant of all charges; no abuse in discretion admitting incoming text messages recovered from appellant's cellphones and declining to admit co-defendant's guilty plea; appellant's argument text messages should be analyzed individually defaulted, Rule 5A:18

1664223 Jeuan Fontai Ward v. Commonwealth of Virginia 04/09/2024
Judgment affirmed as trial court did not err finding evidence sufficient for jury to convict appellant of two counts of distributing cocaine; no error denying motion to set aside the verdict alleging speedy trial violation; no abuse of discretion denying motion to dismiss based on chain of custody; allegations regarding in-court identification waived, Rules 5A:18 and 5A:20

1746223 Dwayne Lee White v. Commonwealth of Virginia 04/09/2024
Trial court did not abuse its discretion admitting evidence of appellant's prior criminal conduct during jury trial for first-degree murder; evidence of appellant's prior violent crimes against the victim relevant in determining state of mind at the time of the shooting and persistent conduct toward the victim; prejudicial effect did not substantially outweigh probative value

1762223 Robin Michelle Nester v. Commonwealth of Virginia 04/09/2024
Trial court did not err denying appellant's motion to strike and finding evidence sufficient to convict appellant of robbery and malicious wounding as a principle in the second degree; no abuse of discretion admitting call logs and text messages between appellant and her daughter; daughter's statements were not offered for the truth of the assertions and not hearsay

1937223 Jonathan Lebron v. Commonwealth of Virginia 04/09/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant as appellant's actions demonstrated he approved of the plan and aided and abetted the actual perpetrator; no abuse of discretion denying appellant's motion to exclude witness testimony for a discovery violation as Commonwealth complied with discovery obligations

0052231 Milton Franklin Mizell v. Commonwealth of Virgnia 04/02/2024
Trial court did not err finding sufficient evidence to convict appellant of aggravated malicious wounding and abduction; the evidence of violence and brutality allowed the inference of the intent to maim, disfigure, disable or kill and the actions resulted in permanent and significant injury; case remanded to correct a clerical error in the sentencing order

0185234 Sobia Ahmed v. Imperial Auto, LLC 04/02/2024
Trial court did not err awarding appellee damages for breach of contract as evidence sufficient to support judgment; matter remanded to trial court to set a reasonable award of attorney's fees incurred by appellee during this appeal

0704221 Anthonette Jasco v. Vann-Virginia Center for Orthopaedics, P.C., etc. 04/02/2024
Trial court did not err setting aside the jury verdict; insufficient evidence to support finding appellees proximately caused infection; trial court abused its discretion assigning a $50,000 figure to the damage award; no abuse of discretion permitting expert witness to testify on causation and damages; remittitur reversed and case remanded for a retrial on damages

1035233 Vaylene Michelle Arnett v. Henry-Martinsville Department of Social Services 04/02/2024
Trial court did not err finding termination was in the best interest of the child and that appellee made reasonable and appropriate efforts to remedy conditions leading to child's placement in foster care, Code § 16.1-283(C)(2)

1325222 Antonio Lorenzo Biggs v. Commonwealth of Virginia 04/02/2024
Judgment affirmed as trial court did not abuse its discretion denying appellant's motion for continuance and allowing trial to proceed in his absence; cannot reach merits of the argument trial court erred denying motion to withdraw as record lacks transcript indispensable to resolve, Rule 5A:8(b)(4)(ii)

1361222 Lanalee Z. Buziak v. Jeffrey J. Buziak 04/02/2024
Trial court did not abuse its discretion in determining the child support arrearages as evidence sufficient to support calculation; trial court did err failing to award interest for the arrearages pursuant to Code § 20 78.2 and denying appellant's motion for reconsideration on that issue; matter affirmed in part, reversed in part, and remanded to calculate interest owed

1423224 Integrated Composite Construction Systems, LLC, etc. v. Premier UHPC, LLC 04/02/2024
Judgment affirmed as trial court did not err admitting two invoices offered by appellee and awarding appellee damages for unjust enrichment; parol evidence rule not applicable to subsequent verbal agreement; arguments defaulted on claims of wrongful denial of motions for summary judgment, motion to strike, and recovery preclusion, Rules 5A:8 and 5A:18

1616222 Gary Allen Germain, Jr. v. Commonwealth of Virginia 04/02/2024
Judgment affirmed as trial court did not abuse its discretion revoking three years of appellant's suspended sentences; assignment of error that appellant was sentenced to active incarceration instead of having entirety of suspended sentence resuspended and allowing completion of substance abuse treatment procedurally defaulted, Rule 5A:18

2000223 JaQuez Brown v. Commonwealth of Virginia 04/02/2024
Trial court did not err finding evidence sufficient to sustain appellant's convictions for first-degree murder, attempted robbery, and use of a firearm; totality of the evidence sufficient to sustain challenged convictions; matter remanded for correction of clerical errors in the sentencing order

1404232 Commonwealth of Virginia v. Sean Holmes, s/k/a Sean Jefferson Holmes 03/27/2024
Trial court erred declaring Code § 37.2-429 to be unconstitutional on its face; lack of mens rea in text of statute is no ground for holding the statute unconstitutional; facts do not demonstrate statute is over broad or vague as applied to appellee; order dismissing charge against appellee under Code § 37.2-429 is vacated and the case remanded for further proceedings

0074233 Michelle Dawn Morris, etc. v. Commonwealth of Virginia 03/26/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict appellant of distribution of methamphetamine and possession with intent to distribute and denying appellant's motion to return seized funds; no abuse of discretion admitting the certificates of analysis; appellant failed to preserve arguments concerning the motion to suppress, Rule 5A:18

0134232 Cynthia Ann Brown v. Commonwealth of Virginia 03/26/2024
Judgment affirmed as appellant waived her objection to the Commonwealth's introduction of forged checks by using them affirmatively in her case-in-chief to develop her defense

0135233 Todd Emanuel Manns v. Commonwealth of Virginia 03/26/2024
Trial court did not err denying appellant's motion to set aside the jury verdicts for first-degree murder and use of a firearm; there was ample evidence from which the jury could find appellant intentionally killed the victim with a firearm

0307233 Blake Austin Carpenter v. Commonwealth of Virginia 03/26/2024
Trial court did not err denying appellant's motion to strike on the grounds the victim's testimony was inherently incredible; substantial evidence corroborated the victim's testimony, allowing the jury to convict appellant of forcible sodomy and object sexual penetration

0343234 Rush Jack Samuel Holt, III v. Commonwealth of Virginia 03/26/2024
Trial court did not abuse its discretion admitting testimony regarding the content of letters received from two minors at his probation violation hearing as the letters were not testimonial in nature and did not violate appellant's due process right of confrontation

0365233 Gerardo Diaz Santana Mieles v. Commonwealth of Virginia 03/26/2024
Trial court did not abuse its discretion admitting pawn shop receipt; receipt was relevant as identity of perpetrator was at issue; case remanded to correct clerical error in sentencing order

0437233 Timothy Wayne Drake v. Commonwealth of Virginia 03/26/2024
Judgment affirmed as trial court did not err denying appellant's motion to suppress; any error admitting contested evidence was harmless error as there was ample evidence establishing probable cause

0478233 Zachary Cooper, Sr. v. Commonwealth of Virginia 03/26/2024
Judgment affirmed as trial court did not abuse its discretion dismissing appellant's complaint with prejudice; no error sustaining Commonwealth's demurrer; several claims procedurally barred as appellant did not make these arguments before the trial court, Rule 5A:18

0483233 Tammy Wollam, Administrator of the Estate of Douglas Allen Hicks, Sr. v. ACV, Inc. 03/26/2024
Trial court did not abuse its discretion allowing the use of the unsuccessful outcome jury instruction; the instruction was a correct statement of Virginia law tailored to the individual parties and procedure at issue

0591224 Doroteo Diaz Martinez v. Commonwealth of Virginia 03/26/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of first-degree murder as a principal in the second degree and criminal street gang participation; no abuse of discretion denying appellant's jury instruction regarding uncorroborated accomplice testimony where facts presented sufficient to corroborate testimony

0916233 Johnny Winston Swain, etc. v. Commonwealth of Virginia 03/26/2024
Trial court did not err finding evidence sufficient to convict appellant of knowingly receiving stolen goods; testimony and photos established appellant received the victim's boat with knowledge of the theft and dishonest intent

1168222 Jorge Alfredo Fernandez-Hernandez v. Commonwealth of Virginia 03/26/2024
Trial court did not err finding evidence sufficient to convict for transporting cocaine with intent to distribute, possession of fentanyl and cocaine with intent to distribute, and conspiracy; appellant acted as principal in the second degree to transporting illegal drugs by accepting delivery of the drugs; venue proper in Chesterfield County

1747224 Valthea Courtney Fry v. David Sosnowski 03/26/2024
Judgment affirmed in part as trial court did not abuse its discretion ordering supervised visitation pending outcome of appellant's evaluation; no error finding appellant's coaching of daughter and interfering with daughter's school and medical providers; error delegating authority to father and counselor to determine visitation rights, reversed in part and remanded, Rule 5A:18

1761221 Miquel Sirmir Johnston v. Commonwealth of Virginia 03/26/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of voluntary manslaughter, assault and battery of a family member, and unlawfully shooting into an occupied dwelling; record supports jury determination appellant was not acting in self-defense; no abuse of discretion refusing one of appellant's proffered jury instructions as repetitious

1951222 David Joshua Wood v. Commonwealth of Virginia 03/26/2024
Trial court did not err finding evidence sufficient to convict appellant for driving while intoxicated and driving on a revoked license; evidence adequately proved appellant was driver of the vehicle; no abuse of discretion admitting a certificate of analysis to prove level of intoxication as evidence supports finding appellant operated the car within three hours of arrest

0034233 Chad Edward Hodges v. Commonwealth of Virginia 03/19/2024
Trial court did not err finding evidence sufficient to sustain a conviction for possession of fentanyl; evidence sufficient to conclude constructive possession as appellant was aware of the drugs and that they were subject to his dominion and control

0097233 Efrem Dantel Holmes, Jr., s/k/a Efrem Danteel Holmes v. Commonwealth of Virginia 03/19/2024
Judgment affirmed as trial court did not abuse its discretion granting the Commonwealth's permissive-inference instruction or admitting expert testimony regarding strangulation; the claim the trial court erred by failing to sustain appellant's objection to Commonwealth's argument at sentencing defaulted by appellant's failure to request relief in the trial court

0105232 Johnathan Andrew Harris v. Commonwealth of Virginia 03/19/2024
Trial court did not err convicting appellant of misdemeanor shoplifting, providing a false identity and felony conspiracy to shoplift; circumstantial evidence was sufficient to prove appellant and his companions agreed to shoplift, conspiring to commit larceny involving goods worth $1,000 or more

0127234 Norman Alberto Gutierrez v. Commonwealth of Virginia 03/19/2024
Judgment affirmed as trial court did not err finding evidence was sufficient for the jury to convict appellant of aggravated sexual battery and rape; no abuse of discretion allowing jury to rehear oral translation of text messages during deliberations; appellant failed to preserve issues of expert translation of the text messages, Rule 5A:18

0194231 Kimberly Price Burch, etc. v. Jeff Sensenig, D.O., et al. 03/19/2024
Judgment affirmed as trial court did not err allowing testimony of possible complications from surgery in a medical malpractice claim; trial court did not abuse its discretion in refusing a cumulative empty chair instruction, granting mere happening instructions, or in excluding certain raw statistical evidence; appellant failed to proffer excluded testimony

0445232 Roy Black v. C. T. Woody, Jr., et al. 03/19/2024
For reasons appearing to the Court, the opinion issued today is withdrawn.

0559221 Wesley Paul Hadsell v. Commonwealth of Virginia 03/19/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of first-degree murder and concealing a dead body as evidence sufficient to prove premeditation; no abuse of discretion denying motion to set aside the jury's verdict; claim trial court erred denying appellant's motion to suppress evidence is waived, Rule 5A:8(a)

0927233 Tamaine Montae Davis v. Commonwealth of Virginia 03/19/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of possessing a firearm after having been convicted of a felony

1096221 Jacob Alexander Meadows v. Commonwealth of Virginia 03/19/2024
Judgment affirmed as trial court did not abuse its discretion finding appellant guilty of indirect contempt; totality of circumstances of specific evidence supports finding appellant intentionally provoked victim's family member; arguments appellant did not disrupt administration of justice and final sentencing order invalid not preserved, Rule 5A:18

1132221 Rasheem Watts v. Commonwealth of Virginia 03/19/2024
Trial court abused its discretion ruling appellant's failure to follow probation officer's special instructions was not a technical violation of probation under Code § 19.2 306.1; written sentencing orders did not impose special gang-related probation conditions; judgment reversed and remanded for resentencing

1212221 Jeremy Toddy Pettway v. Commonwealth of Virginia 03/19/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of first-degree murder, use of a firearm, and maliciously shooting into an occupied dwelling; no error instructing jury on concert of action; arguments trial court erred not excluding text messages and granting motion to limit evidence not preserved, Rule 5A:18

1461221 Angela M. Greene v. City of Portsmouth, et al. 03/19/2024
Judgment affirmed as trial court did not err dismissing appellant's claims against all appellees, except Blount, for failure to allege facts sufficient to establish a cause of action; judgment reversed only as to Blount, claims against Blount for tortious interference and defamation per se are reinstated and matter remanded for further proceedings, Rule 5A:20(e)

1783221 Micah Isaiah Ramirez v. Commonwealth of Virginia 03/19/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of all charges; argument as to sufficiency of evidence not preserved and the ends of justice exception inapplicable; manifest injustice will not result by applying Rule 5A:18

1808222 Aaron Michael Easter v. Commonwealth of Virginia 03/19/2024
Trial court did not err denying appellant's motion to strike; evidence supports finding Commonwealth presented a prima facie case for malicious wounding

1859221 Brandon Gary Harvell v. Commonwealth of Virginia 03/19/2024
Trial court erred denying appellant's motion to suppress; officer did not have requisite probable cause to search the vehicle; trial court's judgment reversed and remanded to allow appellant to withdraw his guilty plea and proceed to trial if the Commonwealth is so advised

0123234 Therese Harmon, as trustee, etc. v. Wind Fields Farm, LLC, et al. 03/12/2024
Trial court did not err sustaining appellees' demurrer and dismissing appellant's amended complaint alleging a derivative cause of action; appellant's amended complaint failed to state a claim for fraudulent conveyance as no evidence appellees intended to hinder, delay, or defraud, Code § 55.1-400

0254232 Elliot Emmanuel White, a/k/a Elliott Emmanuel White v. Commonwealth of Virginia 03/12/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of three counts of aggravated sexual battery; victim's delay in reporting the offenses did not make her testimony inherently incredible

0765222 Danny Lee Huffman v. Commonwealth of Virginia 03/12/2024
Judgment affirmed as trial court did not abuse its discretion rejecting appellant's imperfect self-defense instruction; no abuse denying admission of evidence of the victims' character and prior convictions at trial and as rebuttal evidence at sentencing; arguments relating to admission of certain factual testimony not preserved, Rule 5A:18

0878222 Tori Nichole Jackson-Hope, s/k/a Tori Jackson Hope v. Commonwealth of Virginia 03/12/2024
Trial court did not err finding evidence sufficient to prove appellant willfully neglected the victim; evidence of the victim's drastic weight loss, burns, and numerous untreated fractures sufficient to reject appellant's testimony and find she willfully neglected the victim, Code § 18.2 369(B)

1295221 Lamont Johnson v. Commonwealth of Virginia 03/12/2024
Trial court did not err denying appellant's motions to suppress statements made to police as his statements were voluntarily made and he did not unequivocally invoke his right to remain silent; no error denying appellant's motion to strike as evidence sufficient proved the corpus delicti for all his convictions

1429224 Elwood Lewis Thomas v. Commonwealth of Virginia 03/12/2024
Trial court erred not suppressing appellant's incriminating statements as waiver of Miranda rights was not voluntary when probation officer instructed him to speak with officers; no abuse of discretion sentencing appellant on aggravated sexual battery convictions arising from guilty pleas or allowing expert testimony; jury convictions reversed and remanded

1476221 Larry James Baker v. Vicky Sue Baker 03/12/2024
Trial court abused its discretion imputing appellant's entire pre-retirement income to him and denying his motion to reduce or eliminate his spousal support obligation; matter reversed and remanded

1825221 Linwood Scott, Jr. v. Commonwealth of Virginia 03/12/2024
Trial court did not err finding evidence was sufficient for the jury to convict appellant of burglary, rape, and abduction with intent to defile; evidence, including DNA evidence, allowed a rational factfinder to conclude appellant was victim's assailant

1906221 Keyon Leroy Cherry v. Commonwealth of Virginia 03/12/2024
Trial court did not err finding evidence to support appellant's convictions for possessing a firearm having been previously convicted of a felony, possessing cocaine, and possessing a firearm while possessing a controlled substance; no error to deny motion to suppress as police had reasonable suspicion to stop vehicle in which appellant was a passenger

1940224 Gregory Youst v. Buffalo Wing Factory, Inc., et al. 03/12/2024
Trial court did not abuse its discretion failing to grant appellant's motion to continue hearing on appellees' pleas in bar until after the hearing on appellant's motion to substitute the correct defendant; appellant's motion to substitute was not before the court

0022231 Shakeem Laquan Bryant v. Commonwealth of Virginia 03/05/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of first-degree murder and use of a firearm; evidence in the record permitted a rational jury to conclude appellant acted with malice and premeditation, and without justification

0048231 Richard Lonny Carmack, Jr. v. Commonwealth of Virginia 03/05/2024
Trial court did not err denying appellant's motion to strike for lack of venue; the unlawful act of accosting, enticing, or soliciting a minor to produce child pornography occurs not only wherever the message is sent but also wherever it is received, Code § 18.2-374.1(E)

0086233 Stanley Wayne Martin v. Commonwealth of Virginia 03/05/2024
Trial court did not err in finding appellant remains a sexually violent predator ineligible for conditional release, Code § 37.2-900

0222233 Jeremiah Henderson v. Austin K. McClain 03/05/2024
Trial court did not err granting appellee's plea in bar on grounds of res judicata and finding federal court could have exercised supplemental jurisdiction over appellant's state law claims; no error finding sufficient evidence of a final judgment in federal court to sustain a plea in bar; no abuse of discretion denying appellant's demand for jury trial on the plea in bar

0310234 Robert Shu-Fan Kao v. Commonwealth of Virginia 03/05/2024
Judgment affirmed as trial court did not abuse its discretion finding sufficient chain of custody to admit a gas can and its contents; no abuse of discretion admitting evidence of appellant's prior bad acts as relevant to the charges, and the probative value exceeded the incidental prejudice; appellant failed to preserve chain of custody objection to the odor of gas, Rule 5A:18

1252221 Steve L. Washington v. Commonwealth of Virginia 03/05/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict appellant of contempt of court for failure to appear; appellant failed to preserve Code § 18.2 456 notice argument, Rule 5A:18

1345222 Nathanael Zechariah Faust v. Commonwealth of Virginia 03/05/2024
Judgment affirmed as trial court did not err allowing victim's extrajudicial statement; no abuse of discretion denying motion to strike a juror for cause and allowing expert testimony; insufficient record to determine jury instruction claim; claim that evidence insufficient for jury to convict appellant of attempted rape and five counts of aggravated sexual battery waived, Rule 5A:18

1409221 Jamie Jamar Heyward v. Commonwealth of Virginia 03/05/2024
The trial court did not err denying appellant's suppression motions and upholding his convictions; protective sweep exception to warrantless entries did not apply; appellant failed to make a preliminary showing of intent to deceive or recklessness in omission of material information sufficient to warrant a Franks hearing on the search warrant

1502222 Terrance M. Underwood v. Velocity Construction of Virginia, Inc., et al. 03/05/2024
Commission did not err finding appellant was partially disabled and not under an open award; appellant had the burden to prove he was entitled to a new award of temporary total disability benefits and presented no evidence he had marketed his residual work capacity after termination; post-termination reinstatement of award of benefits vacated

1592221 David Brand Midgett v. Commonwealth of Virginia 03/05/2024
Trial court did not err finding evidence sufficient to convict appellant of using a communication system in violation of Code § 18.2 374.3; evidence sufficient to prove appellant communicated for the purpose of proposing the victim send a photograph of victim's sexual or genital parts

1633224 Luka Kartozia v. Commonwealth of Virginia 03/05/2024
Trial court abused its discretion refusing to instruct the jury on the claim of right defense to trespass; more than a scintilla of evidence supported appellant's claim he had a bona fide belief he was rightfully on the property; trial court's judgment reversed, appellant's trespass conviction vacated, and matter remanded for retrial if Commonwealth be so advised

1809221 Rita Lashawn Hargrove v. Commonwealth of Virginia 03/05/2024
Trial court did not err finding sufficient evidence to convict appellant of malicious wounding and use of a firearm; appellant's intentional acts sufficient to prove appellant acted with malice and failed to establish a self-defense claim

1938224 Jeremiah Larenz Mouzon v. Commonwealth of Virginia 03/05/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of aggravated malicious wounding; evidence permitted jury to infer victim's gunshot wounds were severe, causing permanent and significant impairment; appellant failed to preserve argument that a portion of his text messages were inadmissible, Rule 5A:18

1941222 Emerson Alexis Deras-Castro v. Commonwealth of Virginia 03/05/2024
Judgment affirmed as trial court did not abuse its discretion partially denying appellant's pretrial motion in limine to exclude certain evidence relating to gangs and gang-related material; any error in the trial court's ruling was harmless error; appellant opened the door to bringing in rebuttal testimony about appellant's gang involvement

1946221 Clevester Antoine Lucas v. Commonwealth of Virginia 03/05/2024
Trial court did not err denying appellant's renewed motion to strike; overwhelming evidence more than sufficient to prove appellant committed the bank robbery and to find appellant guilty for each charged offence

1953221 Michael Anthony Hollomon, Jr. v. Commonwealth of Virginia 03/05/2024
Trial court did not err finding evidence sufficient to convict appellant of possession of a firearm by a convicted felon; evidence demonstrated appellant was aware of the character and nature of the firearm, had unrestricted access to the firearm, and it was subject to his dominion and control

0110233 Timothy Lee Coles v. Commonwealth of Virginia 02/27/2024
Trial court did not err admitting unavailable witness' statements and finding evidence sufficient to establish appellant possessed the firearm and cocaine; statements were properly authenticated and evidence supports trial court's finding the witness was unavailable due to appellant's wrongdoing

0191233 William Rhett Viar Brown v. Commonwealth of Virginia 02/27/2024
Trial court did not err finding evidence sufficient to convict appellant of malicious wounding; no error rejecting appellant's self-defense claim where appellant initiated the attack, failed to retreat, and used excessive force

0674222 Norfolk District Associates, LLC v. The City of Norfolk, et al. 02/27/2024
Trial court did not err sustaining appellees' demurrers and dismissing appellant's complaint; appellees had no enforceable casino-related obligations to appellant and casino gaming is not a permitted use under the lease; breach of contract claim based on an unenforceable agreement to agree

1156223 Alvaro Antonio Fernandez v. Commonwealth of Virginia 02/27/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of multiple counts of sodomy and aggravated sexual battery of a child; no abuse of discretion allowing evidence of prior sexual encounter between appellant and another minor; any error harmless as additional testimony cumulative and appellant failed to object

1575222 Corey Fleming, a/k/a Corey Conway Fleming v. Commonwealth of Virginia 02/27/2024
Judgment affirmed as trial court did not err finding identification evidence sufficient to convict appellant of felony eluding; no abuse of sentencing discretion; argument regarding absence of endangerment defaulted, Rule 5A:18

1595223 Dianna Drane v. Jessica Pantana 02/27/2024
Judgment affirmed as no error denying appellant's motion to set aside verdict without a hearing; no abuse of discretion permitting appellee to assert a contributory negligence defense or allowing contributory negligence jury instructions; arguments waived that trial court erred failing to give finding instructions and overruling objections to defense expert's testimony, Rule 5A:18

1663221 Keith Antonio Riddick v. Commonwealth of Virginia 02/27/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict appellant of abduction, assault and battery, and assault and battery of a family member; argument that victim's testimony not credible was not preserved and ends of justice exception does not apply, Rule 5A:18

1745221 James Douglas Webb v. Commonwealth of Virginia 02/27/2024
Judgment affirmed as trial court did not err denying appellant's motion to suppress evidence; articulable facts supported a reasonable suspicion appellant, as driver of the truck, engaged in sale of narcotics; arguments that the searches of his vehicle and person were unlawful waived, Rule 5A:18

1766221 Anthony Tyrone Reese v. Commonwealth of Virginia 02/27/2024
Trial court did not abuse its discretion denying motion to dismiss revocation of appellant's suspended sentence; trial court possessed subject matter jurisdiction over revocation and active jurisdiction to find a violation, revoke suspended sentence, and order him to serve a portion; five year cap on supervised probation in Code § 19.2 303 does not apply retroactively

1782222 Keith Alan Bradshaw v. Estate of Thomas Owens 02/27/2024
Trial court did not abuse its discretion awarding reasonable fees and costs from the corpus of trust funds; appellant's assignment of error preserved for appeal as appellant denied the opportunity to make a contemporaneous objection

1878222 Anthony Esander Vasquez v. Commonwealth of Virginia 02/27/2024
Trial court did not err denying appellant's motion to strike and finding appellant guilty of three felony eluding and five reckless driving charges; evidence more than sufficient to establish appellant was the driver

1909222 Tysha A. Davenport v. Commonwealth of Virginia 02/27/2024
Trial court did not err finding sufficient evidence to convict appellant of throwing a missile at an occupied vehicle; evidence sufficient that appellant, not her passenger, threw object at the victim's car

1279222 Raekwon McFail v. Commonwealth of Virginia 02/20/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict appellant of malicious wounding by mob; Code § 18.2-41 does not require proof of malice, only proof the wounding was unlawful; sufficient evidence appellant and his associates adopted unlawful intent to commit violence; sufficiency argument waived regarding unlawful wounding, Rule 5A:18

1329221 Plains Marketing, LP v. York County 02/20/2024
Judgment affirmed as trial court did not err finding appellant did not produce sufficient evidence to overcome presumption of correctness; evidence insufficient to prove the assessed values exceeded the property's fair market values and assessments were not arrived at in accord with generally accepted appraisal practices and applicable Virginia law, Rule 5A:20(e)

1383221 Tyshawn Joseph Deshields v. Commonwealth of Virginia 02/20/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of second-degree murder, use of a firearm, and discharging a firearm in an occupied building; evidence presented showed appellant killed the victim with malice and not in self-defense

1408221 Matthew Terrell Whitney v. Commonwealth of Virginia 02/20/2024
Trial court did not err denying suppression of appellant's inculpatory statements finding he was not in custody when the voluntary statements were made; no abuse of discretion imposing sentence above the sentencing guidelines range or denying appellant's motion to discharge his attorney and appoint a new attorney at sentencing hearing

1716223 Frederick Joseph Palka, II v. Commonwealth of Virginia 02/20/2024
Trial court did not abuse its discretion excluding decedent's toxicology evidence as decedent's conduct was undisputed; trial court did not err requiring the parties to submit voir dire questions before trial date, Code § 19.2 262.01

1986221 Jermaine Jamar Cameron v. Commonwealth of Virginia 02/20/2024
Trial court did not err finding evidence sufficient to convict appellant of three counts of maliciously shooting at an occupied vehicle

0075233 Michael Terry Duncan v. Commonwealth of Virginia 02/13/2024
Trial court did not err finding evidence sufficient for a jury to convict appellant of possession of firearms found in a gun safe within his residence; evidence supports appellant was aware of the presence, nature, and character of the firearms and they were subject to appellant's dominion and control

0225232 Cynthia P. Oliver v. Kimberly A. Pinchbeck, P.C. 02/13/2024
Upon a rehearing, judgment reversed; trial court erred granting summary judgment as there are material facts genuinely in dispute; case is reversed and remanded for further proceedings

0404233 Angelia Grose v. Franklin County Department of Social Services 02/13/2024
Judgment affirmed as appellant's challenge to termination of her parental rights under Code § 16.1 283(C)(2) is moot; appellant failed to challenge trial court's termination of her rights under Code § 16.1 283(B); Code § 16.1 283(B) and (C)(2) are distinct and independent provisions of the statute

0870222 Cordonte Douglas Horton v. Commonwealth of Virginia 02/13/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of first-degree murder, attempted robbery, and use of a firearm; no abuse of discretion granting Commonwealth's motion for a joint trial or admitting evidence of ammunition; record inadequate to consider suppression claim; as mistrial not requested by appellant, claim barred

1167222 Sage Ventures, LC, et al. v. Chatham Ridge Condominium Unit Owner's Association, et al. 02/13/2024
Trial court did not err in granting a plea in bar to the breach of contract claim where appellee proved by preponderance of the evidence that the cause of action accrued more than five years before filing of appellants' complaint; no abuse of discretion excluding the search warrant affidavit

1303222 Anne Edwards Hartley, et al. v. Board of Supervisors of Brunswick County, Virginia 02/13/2024
Trial court did not err granting summary judgment as appellee produced some evidence of reasonableness denying appellant's request for downzoning; failure to align with comprehensive plan or consider statutory factors on the record does not render a zoning amendment arbitrary and capricious; no abuse of discretion denying appellant's motion for continuance

1314224 Dan Chacko v. John R. Ford, Jr. 02/13/2024
Trial court did not err granting appellee's plea in bar and dismissing appellant's complaint alleging trespass and maintaining a private nuisance; under the implied terms of the HOA's declaration of covenants appellee was within his authority as president of the HOA to enter appellant's property to begin the restoration process

1435222 Keith Rankins v. Commonwealth of Virginia 02/13/2024
Trial court did not err finding appellant remained a sexually violent predator who did not satisfy the criteria for conditional release, Code § 37.2-910

1735223 Julian Huffman v. Commonwealth of Virginia 02/13/2024
Judgment affirmed as appellant failed to obtain ruling from the trial court regarding Commonwealth's motion to qualify witness as an expert; appellant did not preserve sufficiency of evidence arguments for appeal, Rule 5A:18

0095233 Keely Howard v. Radford City Department of Social Services 02/06/2024
Judgment affirmed as trial court did not err finding the child had been subject to neglect and abuse and it was in the best interests of the child to terminate appellant's parental rights; appellant failed to preserve assignments of error regarding witness testimony and termination of parental rights under Code § 16.1-283(B), Rule 5A:18

1196222 Robert Szabo v. Commonwealth of Virginia 02/06/2024
Trial court did not err finding appellant remained a sexually violent predator ineligible for conditional release, Code § 37.2-910

1228221 Michael Thomas Dalton v. Commonwealth of Virginia 02/06/2024
Trial court did not err finding evidence sufficient to convict appellant of strangulation, two counts of abduction, and assault and battery of a family member; evidence sufficient to establish a bodily injury under Code § 18.2-51.6(A)

1307222 Andrew Luke Neff v. Commonwealth of Virginia 02/06/2024
Trial court did not err finding evidence sufficient to convict appellant of sexual battery and strangulation; a reasonable trier of fact could conclude appellant acted with the requisite criminal intent, sexually abused the victim through intimidation and without the victim's consent, and the victim suffered a bodily injury

1712221 Stephen R. Jones, et al. v. South Bay Shore LLC, et al. 02/06/2024
Trial court did not err granting appellees' motion to strike and concluding appellants failed to prove appellees' pier interfered with appellants' enjoyment of their visual easement; the deed and incorporated plat are unambiguous as to the extent of the visual-easement area and appellants failed to prove the pier violates the terms of the easement

1856222 Jeremy Peters v. Commonwealth of Virginia 02/06/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of trespassing; appellant violated express terms of an agreement and ignored multiple requests to leave

0810221 Lamont Decarlo Booker v. Commonwealth of Virginia 01/30/2024
Trial court did not err by finding appellant's conviction was not void for extrinsic fraud upon the court under Code § 8.01-428(D) and it lacked jurisdiction to vacate the conviction under Rule 1:1

0816223 Bobby Aaron Deel v. Kimberly Laraine Schmidt, et al. 01/30/2024
Judgment affirmed in part, reversed in part, and remanded for further proceedings; no abuse of discretion incorporating agreement into an order of the court; trial court exceeded its authority under Code § 20 108.1 awarding child support arrearages, medical expenses arrearages, and attorney fees predating appellee's initial filing; contractual arguments waived, Rule 5A:8(b)

1006222 Jamar A. Meredith, s/k/a Jamar Antoine Meredith v. Commonwealth of Virginia 01/30/2024
Trial court did not err denying appellant's motion to suppress Eutylone found in the pockets of his clothing; appellant did not have a reasonable expectation of privacy in the emergency ward treatment room; pursuant to the inventory exception, the search was reasonable as the clothing was lawfully obtained, the search conducted by standard procedures, and not pretextual

1516222 Earl Truman Scroggins, III v. Commonwealth of Virginia 01/30/2024
Trial court did not err finding evidence sufficient to convict appellant of failure to stop at the scene of an accident; appellant failed to provide his name, address, or driver's license number to the victim and left the scene

1528232 Commonwealth of Virginia v. Christian Jason Rowe 01/30/2024
Trial court did not err granting motion to suppress evidence; no error concluding the capias did not meet Fourth Amendment requirements to qualify as an arrest warrant supporting the breach of appellee's home; record does not support finding of probable cause or any indication of a sworn statement to the intake officer; no error applying exclusionary rule; matter remanded

1706222 Teosha Haynesworth v. Henrico Department of Social Services 01/30/2024
Trial court did not err finding evidence sufficient to terminate parental rights under Code § 16.1-283(C)(2); appellant was unwilling or unable to substantially remedy the conditions leading to the child's foster care placement; appellee made reasonable and appropriate efforts

1714222 Paul Lois Herrman, s/k/a Paul Lous Hermann v. Commonwealth of Virginia 01/30/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of robbery; no abuse of discretion refusing to dismiss Juror 124 for cause

1720222 Teosha Haynesworth v. Henrico Department of Social Services 01/30/2024
Trial court did not err finding evidence sufficient to terminate parental rights under Code § 16.1-283(C)(2); appellant was unwilling or unable to substantially remedy the conditions leading to the child's foster care placement; appellee made reasonable and appropriate efforts

1737222 Maurice Wendell Thrower, Sr. v. Commonwealth of Virginia 01/30/2024
Trial court did not err finding evidence sufficient to convict appellant of attempted malicious wounding and attempted robbery; appellant's use of a knife to thrust at the victim's stomach sufficient to show intent to maim, disfigure, disable, or kill; record supports trial court's conclusion appellant intended to steal victim's money

1758221 Jeremy Kooiman, et al. v. Jeffrey Ornoff 01/30/2024
Judgment affirmed as trial court did not err granting appellee's request for injunctive relief against appellants and dismissing appellants' complaint; no error interpreting restrictive covenants to bar appellants from using the basement of their home as their residence while renting the rest of the house; attorney's fees issue not properly preserved, Rule 5A:18

1760221 Jeremy Kooiman, et al. v. Jeffrey Ornoff 01/30/2024
Judgment affirmed as trial court did not err granting appellee's request for injunctive relief against appellants and dismissing appellants' complaint; no error interpreting restrictive covenants to bar appellants from using the basement of their home as their residence while renting the rest of the house; attorney's fees issue not properly preserved, Rule 5A:18

0331233 Jeffrey Earl Fitzgerald v. Commonwealth of Virginia 01/23/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict appellant of driving under the influence of alcohol; court did not err relying upon the results of a retrograde extrapolation test and finding police had probable cause to arrest; additional arguments waived, Rule 5A:18 and Rule 5A:20(c)

0836221 Marqueze Eugene White v. Commonwealth of Virginia 01/23/2024
Trial court did not err finding evidence sufficient for assault and battery against Officer Andre; evidence was insufficient to convict appellant of assault and battery on Officer Staie and that conviction is reversed; matter is remanded to the trial court to resentence accordingly

0908222 Dustin Harris v. Commonwealth of Virginia 01/23/2024
Trial court did not err convicting appellant of all charges; trial court did not abuse its discretion as it did not exceed the statutory maximums and imposed sentences within the ranges set by the legislature

1141224 Hector Armando Gamez Amaya v. Commonwealth of Virginia 01/23/2024
Judgment affirmed as no abuse of discretion refusing appellant's cautionary jury instruction on uncorroborated testimony of an accomplice as there was sufficient corroboration by appellant's statements; no abuse of discretion admitting hearsay evidence; harmless error allowing credibility testimony and restricting impeachment cross-examination as evidence was cumulative

1187222 Davonn Bassett v. Commonwealth of Virginia 01/23/2024
Trial court did not err denying appellant's motions to strike and set aside the verdict; sufficient evidence existed for the jury to find appellant overcame the victim's will by force, threat, or intimidation; no abuse of discretion permitting introduction of evidence of victim's cognitive impairments and preventing appellant from introducing evidence of victim's sexual activity

1416221 Daryl Wayne Hogg v. Commonwealth of Virginia 01/23/2024
Trial court did not err finding evidence sufficient to convict appellant of willfully failing to appear; appellant failed to negate Commonwealth's prima facie showing

1443233 Commonwealth of Virginia v. Leigh Ann Jennings 01/23/2024
Trial court erred in granting appellee's motion to suppress evidence as there was probable cause for the trooper to search the vehicle

1700221 Thomas E. Morris, et al. v. Anthony Heath Parker, et al. 01/23/2024
Trial court did not err denying appellant's claim for an implied easement over a right of way; appellants failed to prove the physical location of the claimed easement and failed to link the platted right of way to an actual location

1736222 Shawn Maurice James v. Commonwealth of Virginia 01/23/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of possession of a firearm after conviction of a violent felony; appellant's statements establish he possessed the firearm, exercising actual control

1794221 Frederick Clark, Jr. v. Commonwealth of Virginia 01/23/2024
Trial court did not err concluding in-court identification evidence sufficient for the jury to find appellant guilty of robbery, abduction, object sexual penetration, and three counts of use of a firearm; considering the totality of the circumstances, victim's in-court identification was reliable and corroborated by video and photographic evidence

1954222 Brian Aaron Frazier v. Commonwealth of Virginia 01/23/2024
Judgment affirmed as trial court did not abuse its discretion granting jury instruction on flight; appellant failed to object when flight was mentioned in closing rebuttal argument and the argument is waived, Rule 5A:18; appellant did not preserve sufficiency challenges, Rule 5A:18

0049234 Sanjay Sainani, et al. v. Belmont Glen Homeowners Association, Inc. 01/16/2024
Judgment is affirmed in part, reversed in part, and remanded to the trial court for further proceedings; case remanded for trial court to provide explanation for the post-remand fee award and to consider evidence of Marr's appellate work in determining the fee award; appellant's assignment of error regarding trial court's alleged contributing role waived, Rule 5A:20(e)

0723221 Lecram Omari Sanders v. Commonwealth of Virginia 01/16/2024
Trial court did not err in concluding that a witness' testimony was not inherently incredible; no error in denying appellant's motion to set aside the verdict and order a new trial based on after-discovered evidence where appellant failed to demonstrate materiality of the evidence

1105222 Tonya D. Chapman v. Jonathan Burkett, et al. 01/16/2024
Trial court did not err sustaining appellee's demurrer and dismissing appellant's second amended complaint with prejudice as appellant failed to plead facts sufficient to allege actual malice; appellant failed to allege Burkett knew or should have known statements reported from the draft OSIG were false

1230221 James Thomas Charnick v. Commonwealth of Virginia 01/16/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict of carjacking, credit card theft, and use of a firearm and denying motion to set aside verdict on Brady violation; victim's identification of appellant corroborated; objections to exhibits waived by offering similar evidence; prejudice not established as exculpatory evidence not material

1507221 Tyrone Lamont Pair v. Commonwealth of Virginia 01/16/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of second-degree murder and exclude hypotheses of innocence; no abuse of discretion allowing evidence of the emergency protective order obtained by the victim against appellant the day before she was killed; probative evidence outweighed obvious yet incidental prejudice

1539224 Brandon Willis Kamga v. Commonwealth of Virginia 01/16/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of involuntary manslaughter and reckless handling of a firearm; trial court did not prevent appellant from examining witness; appellant did not preserve for appeal whether the trial court erred restricting appellant's impeachment of witness, Rule 5A:18

0232234 Kevin Eugene Brooks v. Commonwealth of Virginia 01/09/2024
Trial court did not err finding evidence sufficient to prove appellant possessed the intent to maim, disfigure, disable, or kill and that appellant acted with malice; intent to disfigure or maim and malice may be presumed from appellant's unprovoked assault and severity of victim's injuries

1013222 Erik Smith Allen v. Commonwealth of Virginia 01/09/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of assault and battery of a law enforcement officer; evidence sufficient for the jury to conclude appellant's actions were done in a rude, insolent, or angry manner and impute harmful intent

1014222 Erik Smith Allen v. Commonwealth of Virginia 01/09/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of malicious wounding; appellant's convictions of malicious wounding and assault and battery of a household or family member are separate offenses and did not violate double jeopardy

1133222 Jeffrey Antonio Barlow v. Commonwealth of Virginia 01/09/2024
Trial court did not err denying appellant's motion to suppress; appellant's seizure and search was supported by reasonable articulable suspicion; if the search rose to the level of a strip search, it was justified by appellant reaching into his pants, the intrusion was minimal, and the manner was reasonable; matter remanded solely to correct the sentencing order

1136221 Dequan O'Neal Beamon v. Commonwealth of Virginia 01/09/2024
Trial court did not err denying appellant's motion to suppress evidence from the warrantless vehicle search or appellant's motion to strike for insufficient evidence; totality of the evidence allows the trial court to find appellant constructively possessed the marijuana in the car and the firearm

1440221 Francisco Charles McClain v. Commonwealth of Virginia 01/09/2024
Trial court did not err as evidence was sufficient to find appellant a felon in possession of a firearm and brandishing a firearm

1523222 Raven Brown v. Henrico Department of Social Services 01/09/2024
Trial court did not err finding evidence sufficient to terminate appellant's parental rights where appellant failed to remedy substantially the conditions that led to and required the child's continuation in foster care; court did not err finding it was in the best interest of the child to terminate appellant's parental rights

0128234 Damonta Martin, s/k/a Damonte Martin v. Commonwealth of Virginia 12/28/2023
Trial court did not err finding evidence sufficient to convict appellant of malicious wounding and maliciously shooting at an occupied vehicle; no evidence established an overt act justifying or excusing appellant firing weapon or that appellant was threatened

0682221 Michael Alan Bush v. Commonwealth of Virginia 12/28/2023
Trial court did not err denying appellant's motion to suppress statements, denying his motion to strike Commonwealth's evidence as insufficient, and rejecting his proposed jury instruction; appellant's statements were voluntary and not the result of police coercion; evidence sufficient to find appellant did not act in self-defense and sustain conviction for first-degree murder

0931222 William Arthur Greene, Jr. v. Commonwealth of Virginia 12/28/2023
Trial court did not err determining appellant's statutory or constitutional speedy trial rights were not violated; no abuse of discretion denying appellant's motion for a mistrial or allowing evidence as to the lack of an alibi witness; no error for trial court to apply penalty under Code § 18.2-58 in effect at the time of the robbery; evidence sufficient for jury to convict as charged

1199221 Allen W. Poulson v. Commonwealth of Virginia 12/28/2023
Trial court did not err denying appellant's motion to suppress; no violation of Fourth Amendment or Miranda rights as appellant's interactions with police were consensual prior to his lawful arrest

1267221 Daniel Lee Horne v. Commonwealth of Virginia 12/28/2023
Trial court did not err finding sufficient evidence to support appellant's convictions for malicious wounding, use of a firearm, and maliciously shooting into an occupied dwelling; trial court did not abuse its discretion when it rejected appellant's proposed Castle Doctrine jury instruction

1431221 Charles Robert Nicholson, III v. Commonwealth of Virginia 12/28/2023
Trial court did not err finding sufficient evidence of involuntary manslaughter; a rational factfinder could conclude appellant's conduct was so willful and wanton as to demonstrate a reckless disregard for the victim's safety; no evidence of an intervening act of negligence

1740222 Wilbert Green Venable, s/k/a Wilbert Leroy Green Venable v. Commonwealth of Virginia 12/28/2023
Trial court did not err in denying appellant's motion to dismiss and motion in limine on double jeopardy and statute of limitation violations; appellant waived the objection of double jeopardy by failing to timely file his motion, Code § 19.2-266.2(A); no statute of limitations for felony offenses

1750221 Carol Norman Drew v. Armor Correctional Health Services, Inc. 12/28/2023
Trial court did not err in sustaining demurrer and dismissing appellant's complaint; demurrer sustained as it did not state a duty owed to appellant; trial court did not improperly consider the merits of the facts alleged in sustaining the demurrer

1756224 Jeffrey M. Collins v. Martin A. Korkowski, M.D., et al. 12/28/2023
Judgment affirmed as no abuse of discretion finding appellant's rebuttal expert designation inadequate or allowing redirect testimony by an expert witness; argument trial court erred not allowing appellant to cross-designate portions of his deposition waived by failure to proffer cross-designation; argument for additional cross-examination of expert waived, Rule 5A:18

1814223 Deborah R. Magid v. John J. O'Keefe, Jr., Attorney at Law 12/28/2023
Judgment affirmed as trial court did not err in denying appellant's motion to set aside an order for lack of subject matter jurisdiction; no evidence that general district court ever acquired personal jurisdiction over appellant so the court declines to consider appellant's subject matter argument under Code § 17.1-513

1900223 Katherine Amanda Ferguson v. Roanoke City Department of Social Services 12/28/2023
Trial court did not err terminating appellant's parental rights and approving the foster care goal of adoption; evidence was sufficient to terminate parental rights under Code § 16.1-283(C)(2)

1918224 Marcelo Raul Beltran Saavedra v. Commonwealth of Virginia 12/28/2023
Trial court did not err denying appellant's motion to suppress incriminating statements as totality of the circumstances show appellant's statements were voluntary; no abuse of discretion denying appellant's motion in limine as evidence of five other videos found on appellant's phone were highly probative of appellant's intent to film the victim

0013231 Damontae Lamar Diggs v. Commonwealth of Virginia 12/19/2023
Trial court did not err when it found evidence was sufficient for a jury to convict appellant of three counts of robbery and three counts of use of a firearm in commission of a felony where there was sufficient circumstantial evidence to find guilt beyond a reasonable doubt

0141233 Jason Lamont Cunningham v, Commonwealth of Virginia 12/19/2023
Trial court did not err finding evidence sufficient to support appellant's conviction for fleeing law enforcement in violation of Code § 18.2-460(E); trial court did not err in rejecting appellant's defense of resisting an unlawful arrest

1036223 Jamal Divine Gardner v. Commonwealth of Virginia 12/19/2023
Judgment affirmed as no abuse of discretion in refusing to allow appellant's counsel to ask certain questions of potential jurors about views on race and gun violence; argument defaulted on questions concerning the right of a defendant not to testify, Rules 5A:18 and 5A:20; evidence was sufficient to convict appellant of aggravated malicious wounding

1129221 Jonathan Cornelius McNeal v. Commonwealth of Virginia 12/19/2023
Judgment affirmed as trial court did not err rejecting appellant's argument the Commonwealth failed to prove with specificity when the offenses occurred; based on victim's testimony, jury could properly conclude appellant committed the offenses within the time frames in the indictments; appellant failed to preserve additional sufficiency challenges, Rule 5A:18

1381222 Robert Dean Kincaid, Jr. v. Commonwealth of Virginia 12/19/2023
Trial court did not err denying appellant's motion to suppress post-accident admissions as they were voluntary statements; no error denying the motion to suppress toxicity results as the affidavit contained sufficient showing of probable cause for issuance of the search warrant without the contested admission; no abuse of discretion allowing cross-examination to show bias

1386221 Phillip Evan Jones v. Commonwealth of Virginia 12/19/2023
Trial court did not err finding evidence was sufficient for the jury to find appellant guilty of first- degree murder and use of a firearm; evidence sufficient to conclude appellant was the shooter and establish premeditation; trial court did not err in refusing to strike a juror for cause

1472221 Steven Perry v. Commonwealth of Virginia 12/19/2023
Trial court did not err in finding appellant remains a sexually violent predator ineligible for conditional release, Code § 37.2-910

1526222 Woodrow Jackson, Sr. v. Commonwealth of Virginia, Department of Conservation and Recreation 12/19/2023
Judgment reversed and case remanded as trial court erred in sustaining appellee's demurrer; facts in appellant's complaint are sufficient to state a cause of action for an easement by necessity; defense of res judicata is not properly placed in issue

1776223 Erin Leanne Hayes v. Commonwealth of Virginia 12/19/2023
Trial court did not err in finding evidence was sufficient for the jury to convict appellant of driving under the influence of alcohol

1807223 Erik Stewart Smith, s/k/a Erick Stewart Smith v. Commonwealth of Virginia 12/19/2023
Trial court did not err in finding evidence sufficient to convict appellant of distribution of heroin and methamphetamine; the Commonwealth's evidence was competent, not inherently incredible and sufficient to prove guilt beyond a reasonable doubt

0103232 Corporate Operations, d/b/a Sunrise Senior Living, et al. v. Elizabeth Nassar 12/12/2023
Commission's award for claimant's benefits affirmed; the record supports Commission's findings that the workplace accident caused a new, compensable back injury and that appellee provided timely actual notice of the accident and injuries

0195233 John T. Jenkins, et al. v. Nationwide Mutual Fire Insurance Company 12/12/2023
Judgment affirmed as appellant failed to preserve its objection to trial court's order granting appellee leave to file an amended answer, Rule 5A:18

1092224 Greater Washington Endodontics P.C., et al. v. Plaza Office Realty I, LLC 12/12/2023
Trial court did not err in ruling appellant was in a holdover posture, finding no written demand for holdover payments was necessary, finding Pollock liable for breach of guaranty and denying appellant's counterclaim for failure to return the security deposit; no abuse of discretion in its award of attorney fees

1211222 Samuel Murphy v. Billie A. Murphy 12/12/2023
Trial court did not abuse its discretion interpreting the final decree to provide for distribution of excess equity in the marital home to appellee; appellee's request for attorney fees and costs denied

1221224 Dany Edgardo Hernandez v. Commonwealth of Virginia 12/12/2023
Judgment affirmed as trial court did not err denying appellant's claim for a new trial; assuming evidence should have been disclosed, a new trial was unwarranted based on overwhelming independent evidence; no error in rejecting appellant's double jeopardy claim; appellant failed to timely object to preserve the argument of juror bias, Rule 5A:18

1257223 Robert Lee Jeffrey, Jr. v. Commonwealth of Virginia 12/12/2023
Judgment affirmed as there was no abuse in discretion denying appellant's motion to withdraw his no contest plea and finding the motion was not made in good faith; no error in finding there was no variance between the indictment and proffer; appellant's assignment of error regarding denial of continuance not preserved, Rule 5A:8

1293221 Jhonathan Castro Contreras v. Commonwealth of Virginia 12/12/2023
Trial court did not err in finding sufficient evidence of rape and abduction with intent to defile; evidence at trial supported the trial court's credibility determination and finding of guilt

1300222 Anthony Johnny Davenport v. Nationwide Mutual Fire Insurance Company 12/12/2023
Judgment affirmed as trial court did not abuse its discretion allowing testimony to include time offsets applied to cell phone data as the testimony was from analysis and experience rather than inadmissible hearsay; any error in excluding impeachment evidence of a witness was harmless error

1322221 William R. Lott v. Maria V. Lott 12/12/2023
Judgment affirmed in part as trial court's award of payments representing wife's portion of husband's military retirement pay was proper under the indemnification clause of the property settlement agreement; judgment reversed in part as trial court erred in determining spousal support without a hearing, Rule 4:15

1474222 School Board for the City of Richmond v. Mark Emerick Lee, Jr. 12/12/2023
Judgment affirmed as trial court had jurisdiction to hear appeal of the General District Court judgment and did not err in in awarding damages for unpaid wages or abuse its discretion denying the motion to modify or suspend the order; a timely-filed written statement of facts is necessary to permit review of appellant's other assignments of errors, Rule 5A:8(c)(1)

1646221 Bashar Al Jobori, et al. v. Hadi Makhoul 12/12/2023
Trial court did not err in sustaining appellee's plea in bar and dismissing appellant's claims with prejudice; sufficient evidence was presented to find appellant's claims were barred by a confidential settlement agreement

1701221 Christopher Warren Mcvey v. City of Newport News 12/12/2023
Trial court did not err in finding evidence was sufficient for the jury to convict appellant of disorderly conduct

0065233 Wayne Joseph Baker v. Commonwealth of Virginia 12/05/2023
Judgment affirmed as appellant's complaint that trial court did not sufficiently inquire as to the basis of appellant's motion for new counsel was waived

0885221 Jamall Andre Taylor v. Commonwealth of Virginia 12/05/2023
Judgment affirmed as evidence was sufficient to overcome appellant's motion to strike and motion to set aside the verdict and for the jury to convict appellant of malicious wounding, use of a firearm in a public place and discharge of a firearm; appellant failed to preserve the argument regarding jury instruction, Rule 5A:18

1040222 Rashad Isaac Wyche v. Commonwealth of Virginia 12/05/2023
Trial court did not err in finding evidence was competent, credible, and sufficient to prove beyond a reasonable doubt that appellant was guilty of malicious wounding, abduction, and two counts of strangulation

1208221 Demarco Johnson v. Checkered Flag Store #3, LLC 12/05/2023
Judgment affirmed as appellant's argument the trial court erred in dismissing count IV of his complaint is barred by Rule 5A:20; a timely-filed transcript, or written statement of facts in lieu of a transcript, is necessary to permit a review of appellant's assignments of errors, Rule 5A:8(b)(4)(ii)

1232222 The East End Landfill, LLC v. The County of Henrico Virginia, et al. 12/05/2023
Trial court did not err in dismissing appellant's appeal from a Board of Zoning Appeal's decision dismissing a conditional use permit where the sole basis for appeal was challenging the constitutionality of the zoning ordinance; appeals under Code § 15.2-2314 allow for court review of a zoning decision, not to challenge the constitutionality of an ordinance

1233222 The East End Landfill, LLC v. The County of Henrico Virginia, et al. 12/05/2023
Judgment affirmed as appellant's approbation and reprobation is fatal to its argument that the trial court erred in dismissing appellant's motion for declaratory judgment

1234222 The East End Landfill, LLC v. Board of Supervisors of Henrico County et al. 12/05/2023
Judgment affirmed as appellant's approbation and reprobation is fatal to its argument that the trial court erred in dismissing appellant's petition for injunction

1313221 Matthew Allen Coglio v. Commonwealth of Virginia 12/05/2023
Trial court did not err when it found evidence sufficient for a jury to convict appellant of second-degree murder, use of a firearm and maliciously shooting into an occupied building; trial court did not abuse its discretion allowing hearsay to show the victim's state of mind; protections against double jeopardy were not violated

1504223 John Wallace Blanchard v. Commonwealth of Virginia 12/05/2023
Judgment affirmed as there was no abuse of discretion in allowing complaining witness to testify about an incident that occurred after she turned 18 and admitting a portion of text messages she sent to her mother after the incident; argument about court's refusal to explain instructions to jury barred by Rule 5A:18

1617221 Dustin Deon Walker v. Commonwealth of Virginia 12/05/2023
Trial court did not err when it found evidence was sufficient for a jury to find appellant knowingly possessed cocaine with the intent to distribute, possession of a firearm and carrying a concealed weapon; no requirement to prove a nexus between possession of cocaine and possession of a firearm

1793221 Jessie Lee Branch v. Commonwealth of Virginia 12/05/2023
Trial court did not err in finding evidence was sufficient to prove appellant guilty of destruction of property and three counts of violation of a protective order

1919223 Jessi Ryan Hackett v. Commonwealth of Virginia 12/05/2023
Trial court did not err in finding evidence was sufficient to convict appellant of assault and battery of a family or household member where record demonstrates appellant and victim shared living arrangements and were in a long-term romantic relationship within the intendment of Code § 18.2-57.2

0746221 Ronelle Kenneth Harris v. Commonwealth of Virginia 11/28/2023
Trial court did not abuse its discretion by failing to strike a juror for cause; no error in refusing to set aside the verdicts based on appellant's allegation of a Brady violation

0884222 Christine Solem v. Commonwealth of Virginia 11/28/2023
Trial court did not err in finding evidence was sufficient to convict appellant of trespassing as she did not demonstrate the underlying trespass notice was unconstitutional or otherwise invalid

1346222 John Russell Thompson, Jr. v. Commonwealth of Virginia 11/28/2023
Trial court did not err in denying appellant's motion to suppress; given the totality of the circumstances the court did not err in finding there was reasonable, articulable suspicion appellant was in possession of a controlled substance

1797224 Ho-Won Jeong v. George Mason University 11/28/2023
Judgment affirmed as any error in ruling on appellant's reply brief is harmless; no abuse of discretion in declining to qualify an attorney as an expert witness on discovery matters, refusing to admit exhibits 3, 8, 9, 10, and 10A, denying in camera review, refusing to allow appellant to question appellee's counsel, denying motion to compel, and denying motion to recuse

1989224 Khachik Yevdokimov v. McDiarmid Associates 11/28/2023
Trial court did not abuse its discretion by denying appellant's motion to file an amended complaint as appellant failed to state an affirmative action taken by appellee in the amended complaint and granting the motion would be futile; no error in denying motion to lift the stay of discovery

0149234 Nathaniel Edward Green, III v. Edith H. Rameika, et al. 11/21/2023
Trial court did not err in accepting service by order of publication in adoption case; no error in finding adoption was in children's best interests after court considered the evidence presented and the statutory factors under Code § 63.2-1205

0733231 Commonwealth of Virginia v. Cameron Dion Drane 11/21/2023
Judgment reversed where trial court erred in attributing all periods of delay to the Commonwealth when only the first 58-day delay should have been counted against the Commonwealth for speedy trial purposes, Code § 19.2-243

0810221 Lamont Decarlo Booker v. Commonwealth of Virginia 11/21/2023
Trial court did not err by finding appellant's conviction was not void for extrinsic fraud upon the court under Code § 8.01-428(D) and it lacked jurisdiction to vacate the conviction under Rule 1:1

0835222 Deandre Dominique Vaught v. Commonwealth of Virginia 11/21/2023
Trial court did not err in finding evidence was sufficient to convict appellant of possession with intent to distribute cocaine and fentanyl based on evidence collected at the scene and expert testimony; no error in denying appellant's motion for a continuance of the trial as appellant has shown neither an abuse of discretion nor prejudice

0909224 Donnie Eric Stephen Johnson v. Commonwealth of Virginia 11/21/2023
Judgment affirmed as no abuse of discretion in admitting the certificate of analysis; evidence was sufficient to prove appellant guilty of possession with intent to distribute Eutylone, possession of a firearm while in possession of Eutylone, and unlawfully shooting into occupied dwelling; remaining assignments of error barred by Rules 5A:18 and Rule 5A:20

0985223 Ruanta Deangelao Price v. Commonwealth of Virginia 11/21/2023
Trial court did not err in finding evidence was sufficient to convict appellant of strangulation as the victim's testimony was not inherently incredible and the physical evidence was consistent with victim's testimony

1256223 Garland L. Bowman, II v. State Farm Fire and Casualty Company 11/21/2023
Judgment reversed and case remanded where the insurance policy contained ambiguous language making it unclear as to whether appellant was out of compliance with the policy when he filed his declaratory judgment action and the ambiguity renders the case justiciable

1285221 Barry Eugene Lewis v. Commonwealth of Virginia 11/21/2023
Judgment reversed and case remanded for resentencing where trial court erred in imposing a sentence of active incarceration that exceeded the statutory maximum sentence for a second technical probation violation under Code § 19.2-306.1(C)

1364221 Mishon Michael Tarpley v. Commonwealth of Virginia 11/21/2023
Trial court did not err in denying appellant's motion to suppress where the traffic stop was justified by officer's reasonable, articulable suspicion of criminal activity involving equipment violations

1544224 Paul Clay Myers v. Commonwealth of Virginia 11/21/2023
Trial court did not err by finding evidence was sufficient to prove appellant committed object sexual penetration and rape by force or intimidation, Code §§ 18.2-61(A), 18.2-67.2(A)(2)

1579221 William Earl Aldridge v. Commonwealth of Virginia 11/21/2023
Trial court did not abuse its discretion by imposing an active sentence of incarceration of one year and six months after appellant's suspended sentence was revoked for incurring new criminal

1618222 James Ray Huff v. Commonwealth of Virginia 11/21/2023
Judgment affirmed as there was sufficient evidence that appellant penetrated the victim with his penis; argument that there was insufficient evidence that the sexual encounter was non-consensual barred by Rule 5A:18

1717223 Hasan Ibn-Sami Abdussalaam v. Commonwealth of Virginia 11/21/2023
Trial court did not err in finding evidence was sufficient to prove beyond a reasonable doubt that appellant knew the gun was in the car in which he was sitting, the gun was subject to his dominion and control, he was a convicted felon, and he was guilty of violating Code § 18.2-308.2

1875223 Zachary Cruz v. Lindsay Combs, In her Individual Capacity 11/21/2023
Judgment affirmed as a timely-filed transcript, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant's assignments of error related to sanctions, Rule 5A:8(b)(4)(ii), and those assignments of error are also barred by Rule 5A:18; appellant's nonsuit rendered the argument regarding the denial of his motion for recusal moot

1904224 Wayne Shorter v. Darien Cherry, et al. 11/21/2023
Judgment affirmed as appellant's arguments that a witness' testimony was admitted in violation of the Dead Man's Statute, Code § 8.01-397, and additional testimony about appellant's reputation for being dishonest was improperly admitted are barred by Rule 5A:18; no error in rejecting the 2021 will and admitting the 2022 will to probate based on the record

0210222 Wakeel Abdul-Sabur v. Commonwealth of Virginia 11/14/2023
Trial court did not err when it denied appellant's motion for resentencing as he filed the motion well after 21 days from the entry of the final order and the court did not have jurisdiction to grant the relief requested

0947223 Gary LaFayette Waller, s/k/a Big Heart El Bey v. Commonwealth of Virginia 11/14/2023
Judgment affirmed as appellant's argument that exclusion of certain evidence violated his constitutional rights is barred by Rule 5A:18; no error in denying motion to strike abduction, malicious wounding, and firearms charges; there was sufficient evidence for court to grant an instruction on inferred malice from the use of a deadly weapon

0992222 Kenneth Alan Rose v. Commonwealth of Virginia 11/14/2023
Judgment affirmed as appellant's argument that the victims' testimony was inherently incredible and unworthy of belief is barred by Rule 5A:18 and appellant has not demonstrated that a manifest injustice has occurred

1140221 Carson Carnell Davis, Jr. v. Commonwealth of Virginia 11/14/2023
Judgment affirmed as a timely-filed transcript, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant's assignments of error, Rule 5A:8(b)(4)(ii)

1540223 Charles Justin West v. Jennifer Lynn Lemmer 11/14/2023
Judgment affirmed as appellant's argument that trial court abused its discretion by admitting a psychotherapy progress note under the business records exception to the hearsay rule is barred by Rule 5A:18; court was not plainly wrong in ruling statements constituted party admissions; no abuse of discretion in court's refusal to give appellant's requested cautionary instruction

1549223 Travis Ryan Brown v. Commonwealth of Virginia 11/14/2023
Trial court did not err in finding evidence was sufficient to convict appellant of unauthorized use of a motor vehicle as victim's testimony was not inherently incredible as a matter of law

1596222 Daniel A. Martinez-Nolasco v. Commonwealth of Virginia 11/14/2023
Trial court did not abuse its discretion by denying appellant's motion to withdraw his Alford pleas to attempted murder and first-degree murder where appellant did not establish a reasonable defense to the charges

0136233 Watan Holdings, LLC v. Violet Blankenship, et al. 11/08/2023
Trial court did not err in sustaining a demurrer to appellant's amended complaint alleging a breach of general warranty of title as appellant had not sufficiently pled an actual or constructive eviction

0144231 Veronica M. Johnson v. Rock Solid Janitorial, Inc., et al. 11/08/2023
Judgment affirmed in part as appellant's argument that a 2018 order was void ab initio is barred by Rule 5A:20(e); appellant's argument regarding a default judgment barred by Rule 5A:18; judgment reversed in part as res judicata only bars appellant's claims against Selective and appellant's personal injury claim against Rock Solid is not barred by claim or issue preclusion

0737222 Joseph Wayne Smith, Jr. v. Commonwealth of Virginia 11/08/2023
Judgment affirmed as argument that the evidence was insufficient to convict appellant is barred by Rule 5A:18 due to his failure to renew his motion to strike after presenting evidence and because he did not file a post-trial motion to set aside the verdict; appellant fails to meet his burden that a manifest injustice occurred and the record does not affirmatively establish error

0789221 Dezmond Donte Canaday v. Commonwealth of Virginia 11/08/2023
Trial court did not err by finding evidence was sufficient to convict appellant of making a false statement on a firearm form in violation of Code § 18.2-308.2:2

0930221 Patrick M. Barnes v. Commonwealth of Virginia 11/08/2023
Trial court did not err in finding the Commonwealth's evidence was competent, credible, and sufficient to prove beyond a reasonable doubt that appellant was guilty of abduction, second-degree murder, and two counts of use of a firearm in commission of a felony; no abuse of discretion in rejecting appellant's proposed instructions on eyewitness identification testimony

0960222 Steve Timothy Wilkerson, Jr. v. Commonwealth of Virginia 11/08/2023
Trial court did not err when it found evidence was sufficient to convict appellant of eluding the police in violation of Code § 46.2-817(B)

0986222 Zion Mongoles Howell v. Commonwealth of Virginia 11/08/2023
Trial court did not err in finding evidence was sufficient to convict appellant of possession with intent to distribute a Schedule I or II controlled substance while also possessing a firearm based on the totality of the evidence

1061222 Niiadotey Newbold v. Michael Tillman, et al. 11/08/2023
Judgment affirmed as a timely-filed transcript of the June 28, 2022 hearing, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant's assignments of error, Rule 5A:8(b)(4)(ii)

1151221 George LeRoyal Townsend v. Commonwealth of Virginia 11/08/2023
Judgment affirmed as appellant's argument that trial court erred in finding the victim was so intoxicated that she was mentally incapacitated and incapable of consent is barred by Rule 5A:18 and appellant has failed to carry his burden of proving a manifest injustice in this case

1182221 Tashara Mone Jackson v. Commonwealth of Virginia 11/08/2023
Trial court did not err when it found evidence was sufficient to convict appellant of murder and conspiracy and when it denied motion to suppress statements to law enforcement; no abuse of discretion by court in denying motion in limine to exclude text messages between co-conspirators and refusing proposed jury instructions; motion for mistrial argument waived

1255221 Corey Jenkins v. Commonwealth of Virginia 11/08/2023
Trial court did not err in denying appellant's motion to strike where the evidence was sufficient to prove he possessed lascivious intent toward the victim and he was guilty of the charged offense, Code § 18.2-370(A)(1)

1339223 Paris C. Graves v. Roanoke City Department of Social Services 11/08/2023
Trial court did not err in terminating appellant's parental rights under Code § 16.1-283(B) as the termination was in the child's best interests

1379223 Jake Wajed Inam v. Roanoke City Department of Social Services 11/08/2023
Trial court, in a termination of parental rights matter, did not abuse its discretion by denying appellant's request for a continuance where the children had been in foster care for 25 months and after accepting appellant's proffer of the witnesses' testimony and treating it as substantive evidence

1433222 Edward Allen Cliborne v. Commonwealth of Virginia 11/08/2023
Trial court did not err by finding evidence was sufficient for jury to convict appellant of object sexual penetration in violation of Code § 18.2-67.2(A)

1548223 Shaun Steven Reed v. Commonwealth of Virginia 11/08/2023
Trial court did not err in finding evidence was sufficient to conclude appellant possessed the requisite criminal intent and convicting appellant of attempted abduction, Code § 18.2-47, and assault, Code § 18.2-57

1680223 Timothy Lee Wood, Sr. v. Commonwealth of Virginia 11/08/2023
Trial court did not abuse its discretion in excluding testimony from appellant's daughter that complaining witness made sexual advances to appellant where appellant failed to proffer the specific testimony he would have elicited from his daughter

1691223 Caleb Rashaad Nowlin v. Commonwealth of Virginia 11/08/2023
Trial court did not err in finding evidence was sufficient to convict appellant of the charge against him, Code § 18.2-61

0220222 Bruce Eric Anderson v. Commonwealth of Virginia 10/31/2023
Judgment affirmed in part as to appellant's conviction for arson of an unoccupied building in violation of Code § 18.2-77; judgment reversed in part as to appellee's conviction for maliciously burning a structure with property inside valued at $500 or more, Code § 18.2-80; case remanded for retrial on lesser included offense of misdemeanor burning a structure

0231231 Tyrone Lamont Holloway v. Commonwealth of Virginia 10/31/2023
Trial court did not err by dismissing appellant's motion to vacate his 2013 convictions for abduction and rape, claiming extrinsic fraud under Code § 8.01-428(D)

0300231 Scott Edward Pease v. Commonwealth of Virginia 10/31/2023
Trial court did not err in convicting appellant of two counts of violating a protective order under Code § 16.1-253.2 as the evidence was sufficient to prove that appellant knew the protective order existed and he sent audio and text messages to the victim in violation of the order

0698222 Sandeep Yadav, et al. v. Rajeeva Agrawal, et al. 10/31/2023
Trial court did not err in ruling appellees had the necessary voting power to execute a valid written consent to remove appellant as a manager; no error in court's decision to decline to treat the designated agreed value of the contributions in the January 2009 operating agreement as the actual amount of contributions made by the members

1087221 Eleanor A. Hunter, et al. v. Charles M. Hunter, Jr. 10/31/2023
Trial court did not err in finding that Charles M. Hunter, Jr. did not violate the terms of the no-contest provision in a trust agreement by making certain arguments in response to appellant's counterclaim and on appeal

1134221 Bon Secours-Depaul Medical Center, Inc., etc., et al. v. Vasilia C. Rogakos-Russell, etc 10/31/2023
Trial court did not err in finding decedent's hearsay statements regarding his fall did not require corroboration under the Virginia Dead Man's Statute, Code § 8.01-397; no abuse of discretion in failing to strike testimony of estate's expert witnesses, denying demonstrative exhibit, and refusing certain jury instructions; no error in denying motions to strike and set aside verdict

1237221 Charles M. Hunter, Jr. v. Eleanor A. Hunter, et al. 10/31/2023
Trial court did not abuse its discretion in permitting Eleanor Hunter to present certain evidence and testimony that was not disclosed according to the timeline set out in the scheduling order; no abuse of discretion in granting Eleanor Hunter's request for attorney fees and denying appellant's request for fees

1319221 Mid-Atlantic Women's Care, P.L.C. v. Gloria Kontaratos 10/31/2023
Trial court did not abuse its discretion by denying appellant's motion for a mistrial based on doctor's absence during part of the trial where court repeatedly instructed the jury not to make any assumptions or draw any inferences from the doctor's absence; appellant did not meet its burden of proving its rights were so indelibly prejudiced as to require a mistrial

1876221 David Owen Preston v. Commonwealth of Virginia 10/31/2023
Trial court did not err in denying appellant's motion to suppress evidence where appellant, who was obviously intoxicated and who continued to consume alcohol in a running car, was located in a parking area within plain view of the officer, Code § 18.2-266

0030231 Kevin Lamont Walker v. Commonwealth of Virginia 10/24/2023
Trial court did not abuse its discretion when it weighed the evidence and imposed a sentence that did not exceed the statutory maximum; argument that the court erred in denying appellant's motion for funds to hire a private investigator is waived as appellant entered an unconditional no contest plea to the charges and his argument does not challenge the trial court's jurisdiction

0084234 Chantal H. Mehrabani v. BJ's Wholesale Club, Inc. 10/24/2023
Commission's award of permanent partial disability benefits based on a 7% impairment of the right upper extremity affirmed

0225232 Cynthia P. Oliver v. Kimberly A. Pinchbeck, P.C. 10/24/2023
Judgment affirmed as a timely-filed transcript, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant's assignments of error, Rule 5A:8(b)(4)(ii)

0531233 Terry Allen Riggleman v. Commonwealth of Virginia 10/24/2023
Trial court did not err by dismissing appellant's petition for declaratory judgment; sentencing order challenged by appellant was not void ab initio

0594222 Amanda L. Reece v. Henrico County Department of Social Services 10/24/2023
Trial court did not err when it terminated appellant's parental rights under Code § 16.1-283(C)(2) and approved the foster care goal of adoption; no error in court's determination that appellee provided reasonable and appropriate services to appellant and termination was in the best interest of the children

0770222 Mohammed Hussein Abanda v. Commonwealth of Virginia 10/24/2023
Trial court did not err in finding sufficient evidence to convict appellant of two counts of abduction for pecuniary benefit in violation of Code § 18.2-48 and conspiracy to commit abduction for pecuniary benefit in violation of Code § 18.2-22

0786232 Commonwealth of Virginia v. Rarmil Malick Coley Pettiford 10/24/2023
Trial court erred in its interpretation of the plain language of Code § 19.2-409 and the dismissal of the charges against appellee on statutory speedy trial grounds; ruling reversed and case remanded

0787232 Commonwealth of Virginia v. Ra'Shard Marquis Jackson 10/24/2023
Trial court erred in its interpretation of the plain language of Code § 19.2-409 and the dismissal of the charges against appellee on statutory speedy trial grounds; ruling reversed and case remanded

0879221 Curtis Antonio Mitchell v. Commonwealth of Virginia 10/24/2023
Trial court did not abuse its discretion when it rejected appellant's proposed jury instructions B and C; no abuse of discretion in refusing appellant's voir dire question nine

1009221 Jamaal Denzel Brown v. Commonwealth of Virginia 10/24/2023
Trial court did not err in finding evidence sufficient to prove appellant was the person who shot the victim and convict him of malicious wounding and use of a firearm in the commission of a felony

1018221 Brian Kenneth Robinson v. Commonwealth of Virginia 10/24/2023
Trial court did not abuse its discretion when it imposed an active term of incarceration of five years after appellant incurred a new criminal conviction during the suspension period

1044221 Amber Nicole Ethel Shelton v. Commonwealth of Virginia 10/24/2023
Judgment affirmed as trial court did not err in finding sufficient evidence to convict appellant of driving a vehicle under the influence of alcohol and while her license was revoked for a prior DUI, Code §§ 18.2-266, 18.2-270, and 46.2-391(D)(2)(a)(ii); any error in admitting the certificate of analysis into evidence at trial was harmless

1369223 Robert Dunn Hudson v. Lynsey Alexis Massie, et al. 10/24/2023
Judgment affirmed as trial court did not err when it found that appellant's withholding of his consent for the appellees to adopt the minor children was contrary to the best interests of the children under Code § 63.2-1205; court's refusal to admit proffered transcripts from appellant's domestic violence criminal trial for impeachment purposes was harmless error

1421224 EN & SH Properties, LLC, et al. v. Milton Gristo 10/24/2023
Commission's award for claimant's temporary total disability wage loss and medical benefits is affirmed; subrogation issue is not ripe for review as no subrogation claim was before the Commission

1462221 Precise Earl Mosley v. Commonwealth of Virginia 10/24/2023
Judgment affirmed as argument that appellant did not enter his guilty pleas freely and voluntarily is barred by Rule 5A:18 and no manifest injustice will result by applying the rule; no abuse of discretion as to the sentence imposed by the court

1626223 Wesley Allen Glenn v. Commonwealth of Virginia 10/24/2023
Trial court did not err in finding sufficient evidence for jury to convict appellant of animal cruelty pursuant to Code § 3.2-6570

1912221 Alphonzo Lamont Smith v. Commonwealth of Virginia 10/24/2023
Judgment affirmed in part as to court's denial of motion for new trial on ineffective assistance of counsel claim and denial of motion to strike; judgment reversed in part as to court's application of incorrect legal test for Brady claims; argument as to use of preliminary hearing testimony barred by Rule 5A:18; case remanded for court to conduct a new Brady hearing

0152233 Paul Travis Greer v. Commonwealth of Virginia 10/17/2023
Trial court did not abuse its discretion by imposing an active sentence of two years for unlawful wounding as it was within the applicable statutory range and the court expressly considered the mitigating evidence as well as the egregious facts of the case

0552222 Mark Marsh, s/k/a Mark V. Marsh v. Commonwealth of Virginia 10/17/2023
Trial court did not abuse its discretion in sentencing appellant on his guilty plea to carjacking with use of a firearm and permitting the Commonwealth to amend the Virginia Crime Code number for that charge on the indictment after the sentencing hearing as appellant's arguments are inconsistent with his plea, made voluntarily and in accordance with the written agreement

0850222 Keith Wayne Rivers v. Commonwealth of Virginia 10/17/2023
Trial court did not err when it found evidence was sufficient for jury to convict appellant of attempted unlawful creation of an image of a nonconsenting minor, Code § 18.2-386.1

0993222 Rhasean Shamar Anderson v. Commonwealth of Virginia 10/17/2023
Judgment affirmed as sentence was imposed after court considered mitigating circumstances in addition to aggravating factors; argument regarding motion to vacate sentence without a hearing barred by Rule 5A:20; argument regarding judge barred by Rule 5A:18; argument regarding withdrawal of guilty plea cannot be considered in the absence of a timely-filed transcript

1241221 Kalen Terrell Reagins v. Commonwealth of Virginia 10/17/2023
Trial court did not err in denying motion to suppress evidence as court correctly determined the initial encounter between appellant and police was consensual, the court also correctly determined the point at which the seizure of appellant occurred, and the officers had a reasonable, articulable suspicion of criminal activity when they seized appellant

1242224 Madera Farm, LLC v. Prince William County Board of County Supervisors 10/17/2023
Trial court did not err in affirming BZA's decision as evidence established nonagricultural excavation materials were brought to or stored on the property and evidence also demonstrated a land disturbance violation; appellant's arguments challenging the constitutionality and validity of the underlying ordinances are not cognizable in this appeal

1316221 Marqui Rashawn Pittman v. Commonwealth of Virginia 10/17/2023
Trial court did not err in finding evidence was sufficient for jury to convict appellant of murder, robbery, and use of a firearm in the commission of those offenses as a principal in the second degree; no abuse of discretion when court denied appellant's proposed accessory-after-the-fact jury instructions

1385221 Jerome Lee Wilkerson v. Commonwealth of Virginia 10/17/2023
Judgment reversed and indictment dismissed as evidence was insufficient to prove appellant's knowing possession of cocaine found in his property bag located in an area accessible to the general jail population

1471221 Mark Lshaun Perry Mitchell, s/k/a Mark Lshaun Perry-Mitchell v. Commonwealth of Virginia 10/17/2023
Trial court did not abuse its discretion in denying appellant's motion to withdraw his guilty plea as the motion was not made in good faith, there was no misunderstanding concerning the consequences of pleading guilty to robbery, appellant had not proffered a reasonable basis for contesting guilt, and permitting the withdrawal would prejudice the Commonwealth

1496224 Lasha Briscoe v. Brian Briscoe, Jr. 10/17/2023
Judgment affirmed as argument that trial court failed to comply with the requirements of Code §§ 20-108.1 and 20-108.2 is barred by Rule 5A:18; evidence was sufficient to support court's decision to deviate from the child support guidelines as to private school tuition; argument about income calculation barred by Rule 5A:18

1655224 William Roy Foster v. Commonwealth of Virginia 10/17/2023
Judgment affirmed as appellant's argument that the evidence was insufficient to sustain his conviction for statutory burglary is barred by Rule 5A:18; appellant also failed to properly invoke either exception to Rule 5A:18

1718223 In Re: Jared R. Jenkins 10/17/2023
Trial court did not abuse its discretion when it revoked appellant's privilege to appear as counsel in that court where his unfounded attacks against the integrity of the circuit court constituted misconduct for which the court was permitted to discipline him

1719223 In Re: Jared R. Jenkins 10/17/2023
Trial court did not abuse its discretion in holding appellant in contempt upon his failure to pay previously ordered sanctions

1810223 Brian Odell Bailey v. Commonwealth of Virginia 10/17/2023
Judgment affirmed as argument that trial court failed to make a factual inquiry into appellant's ability to pay court costs is barred by Rule 5A:18 and the exceptions to that rule do not apply; second assignment of error concerning a technical violation is insufficient pursuant to Rule 5A:20(c)(2); no abuse of discretion in revoking balance of appellant's sentence

1952223 Daniel Anderson Davis v. Commonwealth of Virginia 10/17/2023
Trial court did not err in denying appellant's motion in limine to exclude text messages at the sentencing hearing as the circumstances and context supplied indicia of reliability; no abuse of discretion in court's imposition of an active sentence of 12 years in prison

1969222 Justin Glenn Carter v. Commonwealth of Virginia 10/17/2023
Trial court did not err when it found the evidence was sufficient to convict appellant of making a false statement on a firearms transaction record in violation of Code § 18.2-308.2:2

1996223 Nathan Tashombe Younger v. Commonwealth of Virginia 10/17/2023
Judgment affirmed as argument that trial court erred in not striking a juror for cause on its own motion is barred by Rule 5A:18 and appellant has failed to establish a manifest injustice in order to invoke the ends of justice exception to the rule

0675222 Steve Wayne Shifflett v. Commonwealth of Virginia 10/10/2023
Petition for rehearing en banc granted

0780222 Montel Jaleek Wilson v. Commonwealth of Virginia 10/10/2023
Judgment affirmed as evidence was sufficient to sustain appellant's convictions; trial court did not abuse its discretion in denying appellant's continuance requests, by refusing to strike two jurors for cause, or by denying appellant's motion for mistrial based on purported juror misconduct

1110224 Kennedy Lyn Jenkins v. Commonwealth of Virginia 10/10/2023
Judgment affirmed as trial court did not abuse its discretion by excluding cell phone video proffered by appellant at trial; no abuse of discretion in refusing proffered instructions on right to resist an unlawful arrest; no abuse of discretion in adjudicating appellant as delinquent; argument as to sufficiency of the evidence barred by Rule 5A:20

1170223 Whitney Nicole Mabe v. Smyth County Department of Social Services 10/10/2023
Trial court did not abuse its discretion in terminating appellant's parental rights pursuant to Code § 16.1-283(C)(2) or in allowing expert testimony concerning the effects of removing the child from her current foster placement

1179223 Whitney Nicole Mabe v. Smyth County Department of Social Services 10/10/2023
Trial court did not abuse its discretion in terminating appellant's parental rights pursuant to Code § 16.1-283(C)(2)

1263222 Benny McCroskey, s/k/a Benny W. McCroskey v. Commonwealth of Virginia 10/10/2023
Judgment affirmed as trial court lacked jurisdiction to grant the relief appellant sought in his motion filed more than twenty-one days after entry of the final orders

1315224 Catalin Filipeanu v. Commonwealth of Virginia 10/10/2023
Affirmed defendant's conviction for maiming while driving under the influence, finding that the number and level of intoxicants in the defendant's system and his resulting inability to respond effectively to an emergency situation rose to the level of criminal negligence.

1338224 Samantha Ashley Scott v. Randy Lynn Scott 10/10/2023
Affirmed the circuit court's valuation of the marital residence as hybrid property and its division of that property between the parties, noting that Virginia courts do not require any specific method of valuation, only that all relevant statutory factors are considered.

1394223 Qu'Shawn Tylekk Manns v. Commonwealth of Virginia 10/10/2023
Trial court did not err in finding evidence sufficient to support appellant's convictions as the uncorroborated testimony of three accomplices was not inherently incredible and appellant's alibi evidence was rejected by the jury

1402224 John K. Leo v. Dannah A. Leo 10/10/2023
Affirmed the circuit court's calculation of the value of one spouse's military retirement pay, and found that all 13 factors were appropriately considered in crafting a spousal support award in light of that value.

1493223 Cristian Jose Sanchez Gomez, s/k/a Cristian Jose Sanchez-Gomez v. Commonwealth of Virginia 10/10/2023
Judgment affirmed as appellant's argument as to whether his plea of no contest was knowingly and voluntarily made is barred by Rule 5A:18; ends of justice exception does not apply because appellant failed to show a manifest injustice occurred

1697224 Charles William Newman, III v. Commonwealth of Virginia 10/10/2023
Trial court did not abuse its discretion when it admitted an incriminating jail call recording as it did not violate appellant's Sixth Amendment confrontation right and did not qualify as hearsay; evidence was sufficient to convict appellant of malicious wounding; claims concerning court's denial of a motion for mistrial and motion to set aside sentence cannot be considered, Rule 1:1

1721223 Barry Watson Shough v. Commonwealth of Virginia 10/10/2023
Trial court did not err in finding evidence was sufficient to convict appellant of possessing a firearm after being convicted of a violent felony

0167232 Monte L. Lewis v. Vatrese Sharnissa Myrick 10/03/2023
Judgment affirmed as a properly filed transcript of the hearing, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant's assignments of error, Rule 5A:8(b)(4)(ii), and appellant failed to provide the requisite notice to appellee and guardian ad litem upon filing a written statement of facts

0177232 Eric Grueninger v. Commonwealth of Virginia 10/03/2023
Trial court did not abuse its discretion by dismissing appellant's motion to vacate his 2017 convictions for lack of jurisdiction, Rule 1:1

0697222 Augustus Andre Damon Rhodes, a/k/a Agustus Andre Damone Rhoades v. Commonwealth of Virginia 10/03/2023
Judgment affirmed as any potential error in the admission of appellant's statements to Detective Horn during appellant's cross-examination was harmless; no error in denial of motion to suppress; evidence was sufficient to convict appellant of abduction, first-degree felony murder, and use of a firearm in furtherance of a felony

0799223 Michael Lynn Stables v. Commonwealth of Virginia 10/03/2023
Trial Court did not abuse its discretion in sustaining the Commonwealth's objection to appellant's attempt to identify the confidential informant as the identity and any bias potentially affecting the information he provided to the investigator were irrelevant and immaterial to appellant's case

0987221 Terrance Delvon Lindsey v. Commonwealth of Virginia 10/03/2023
Trial court did not abuse its discretion when it admitted photographs of victim's injuries as the preponderance of the evidence established a sufficient nexus between the injury and the assault and unfair prejudice did not substantially outweigh the probative value of the photographs; evidence was competent, credible, and sufficient to convict appellant of unlawful wounding

1057221 Oksana Marinaro v. Domenick A. Marinaro 10/03/2023
Judgment affirmed as timely-filed transcripts of the entire April 2022 hearing, February 2022 pretrial conference, and June 2022 hearing, or written statements of facts in lieu of transcripts, are necessary to permit a review of the merits of the majority of appellant's assignments of error, Rule 5A:8(b)(4)(ii); potential error in calculating duration of marriage was harmless

1066223 Jacqueline D. Davis, etc. v. Liberty Ridge Healthcare Group, LLC, etc., et al. 10/03/2023
Judgment affirmed as a timely-filed transcript of the June 7, 2022 hearing, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant's assignments of error, Rule 5A:8(b)(4)(ii)

1075224 Laquinta Diane Morris v. Commonwealth of Virginia 10/03/2023
Trial court did not abuse its discretion in admitting cell phone videos as they satisfied the authentication requirement of Va. R. Evid. 2:901; admission of the cell phone videos did not unfairly prejudice appellant

1169223 Sean Andrew Barb v. Commonwealth of Virginia 10/03/2023
Trial court did not abuse its discretion when it found appellant had been released "from any and all incarceration" while participating in the Community Corrections Alternative Program and revoked appellant's previously suspended sentences, Code § 53.1-67.9

1358224 Amelia Elze v. Jeanette Leyton 10/03/2023
Trial court did not abuse its discretion by interpreting its Rule 4:10 order to preclude Dr. Wattenmaker from asking appellee about her medical history; no abuse of discretion in excluding the doctor's deposition testimony; any error in excluding appellee's August 25, 2017 medical record was harmless

1583221 Joseph Merlino v. City of Virginia Beach 10/03/2023
Judgment affirmed as argument that appellant never physically abused or neglected the child is barred by Rule 5A:18; no error in finding the child was abused or neglected based on appellant's violent and threatening actions; no error in entry of a protective order restricting appellant's contact with child

1623224 Raney Ibrahim Elbarbary v. Tamara Lee Bond 10/03/2023
Judgment affirmed as a timely-filed transcript of the hearing, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant's assignments of error, Rule 5A:8(b)(4)(ii)

1638223 Michael S. Gray v. J. Daniel Cullers, Commissioner of the Revenue 10/03/2023
Judgment affirmed as appellant failed to assign error to the trial court's alternate rulings, failed to raise a timely objection to the authorities the Commissioner argued at the hearing, and did not argue to the trial court that the Commissioner was in default under Rule 3:19 (argument was raised for the first time in his written statement of facts but no ruling was issued), Rule 5A:18

1676223 Jenifer Rebecca Gordon v. Commonwealth of Virginia 10/03/2023
Judgment affirmed as any error in denying separate trials was harmless; no error in denial of appellant's motion to suppress; evidence was sufficient to prove strangulation of step-daughter; argument about sufficiency of the evidence to convict appellant of assault and battery on a law-enforcement officer barred by Rule 5A:18

1725222 Robert Steven Maxey, Jr. v. Commonwealth of Virginia 10/03/2023
Trial court did not abuse its discretion by sentencing appellant to a four-year term of active incarceration after revoking his suspended sentences as it considered his mitigation evidence; no abuse of discretion in denial of appellant's motion to modify his revocation sentence

1749221 Travis Leon Watson v. Commonwealth of Virginia 10/03/2023
Judgment affirmed where appellant's argument that trial court abused its discretion when it imposed a sentence of active incarceration of six months after revoking his probation is barred by Rule 5A:18

1843222 Robert Leonard Huffman v. Commonwealth of Virginia 10/03/2023
Trial court did not abuse its discretion in revoking appellant's previously suspended sentence as there was reasonable cause to conclude that he willfully violated the conditions of his probation

1908224 Bonnie Burkhardt v. Penney Azcarate, Chief Judge 10/03/2023
Trial court did not err when it sustained appellee's demurrer as the petition filed in the trial court wholly failed to state a claim against the appellee

0009234 Derrick Terrell Newman v. Commonwealth of Virginia 09/26/2023
Trial court did not abuse its discretion as to the sentence imposed as the court considered all the evidence before it, including appellant's mitigation evidence, and the sentence was within the ranges set by the legislature

0532232 Billy Enrique Delcid-Solis v. Commonwealth of Virginia 09/26/2023
Judgment affirmed as a timely-filed transcript of the trial, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant's assignment of error, Rule 5A:8(b)(4)(ii)

0681233 Richard Earl Martin v. Commonwealth of Virginia 09/26/2023
Trial court did not abuse its discretion when it denied appellant's motion for bail, based on an unreasonable risk of harm to the public, after appellant was arrested for violating his probation

0906222 Victor Jermaine Russell Jackson v. Commonwealth of Virginia 09/26/2023
Trial court erred in denying appellant's request for court-appointed counsel at his trial on June 7, 2022 and in requiring him to proceed to trial without an attorney, Code §§ 19.2-157, -159, 160; convictions reversed and case remanded for a new trial if the Commonwealth is so inclined

0945221 Tony Bryan Smith v. Commonwealth of Virginia 09/26/2023
Trial court did not err when it determined it lacked jurisdiction to consider appellant's motion to vacate his 2011 convictions as the judgment at issue was not void

1069221 Sean Anthony McNeil v. Commonwealth of Virginia 09/26/2023
Trial court did not err in convicting appellant of second-degree murder and use of a firearm where the facts and circumstances of the shooting were sufficient to prove beyond a reasonable doubt that appellant acted with malice, not in the heat of passion or in self-defense, when he shot the victim

1109182 Wayne Kenneth Martin v. Hanadi Al-Samman 09/26/2023
Judgment affirmed as trial court did not err in incorporating separation agreement into the divorce decree; to the extent appellant claims separation agreement was fraudulent, argument barred by Rule 5A:20(e); no error in court's treatment of appellant's motions made upon remand nor in its award of attorney fees to appellee

1207222 City of Richmond v. Kenneth W. Tucker 09/26/2023
No error in Commission's finding that claimant sustained a compensable injury to his back and spine as a result of an accident; no error in reversing the deputy commissioner's credibility determinations

1273223 Amanda Marie Sprinkle v. Roanoke City Department of Social Services 09/26/2023
Judgment affirmed as trial court did not err when it terminated appellant's parental rights pursuant to Code § 16.1-283(B); to the extent appellant argues Code § 16.1-283 requires DSS to prove termination of her residual parental rights was the only available remedy for the court, it is barred by Rule 5A:18

1277221 Robert Burton Weisenbeck v. Commonwealth of Virginia 09/26/2023
Trial court did not abuse its discretion by sentencing appellant to the statutory maximum sentence set by the General Assembly; no abuse of discretion in denying appellant's motion to reconsider as, absent contrary evidence in the record, the court is presumed to have considered the mitigation evidence and arguments, as well as correctly applied the law

1439221 Oksana Marinaro v. Parks Zeigler, PLLC 09/26/2023
Judgment affirmed as a timely-filed transcript of the entire August 23, 2022 hearing, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant's assignments of error, Rule 5A:8(b)(4)(ii)

1453224 Kevin Bartley Kerns v. Commonwealth of Virginia 09/26/2023
Trial court did not err in finding evidence was sufficient to convict appellant of knowingly and intentionally possessing cocaine as he owned the truck, was the driver and sole occupant of the truck, sat near the spoon containing cocaine and the "smoking device" behind his seat, and admitted he knew "it" had been there for at least a month and had recently smoked crack cocaine

1494223 Evan Elijah Paxton v. Jennifer Sue Paxton 09/26/2023
Judgment affirmed as trial court did not err in finding appellant had actual notice of the hearing to enter the divorce decree; argument that court abused its discretion when it valued the bank accounts barred by Rule 5A:20(e)

1509221 Peter W. Baber, s/k/a Peter Babar v. Commonwealth of Virginia 09/26/2023
Judgment affirmed as appellant's argument regarding admissibility of Detective Austin's opinion testimony is barred by Rule 5A:20(e)

1603221 Susan Neal Matousek v. City of Virginia Beach 09/26/2023
Judgment affirmed as a timely-filed transcript of the August 8, 2022 hearing, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant's assignments of error, Rule 5A:8(b)(4)(ii)

1658222 Evan Scott Anthony v. Commonwealth of Virginia 09/26/2023
Judgment affirmed as appellant's argument that the court erred at sentencing by concluding that it lacked jurisdiction under Code § 19.2-303.6 to defer disposition based on his autism is barred by Rule 5A:18

1851224 Darrin Mark Robertson v. Commonwealth of Virginia 09/26/2023
Judgment affirmed as a timely-filed transcript of the revocation hearing, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant's assignment of error, Rule 5A:8(b)(4)(ii)

1962224 Yared Tekle Denbu v. Commonwealth of Virginia 09/26/2023
Judgment affirmed as argument that trial court erred in denying a proposed jury instruction on self-defense is barred by Rule 5A:18; argument that court erred in denying a proposed instruction on defense of others barred by Rule 5A:20 and because it was not supported by more than a scintilla of evidence

0017231 Adrian Nicholas Jeremiah Smith v. Commonwealth of Virginia 09/19/2023
Trial court did not abuse its discretion when it sentenced appellant to an active term of six years as the court considered all the evidence, including appellant's mitigation evidence, and imposed a sentence within the range set by the legislature

0645222 Neil Evan Wolfe v. Commonwealth of Virginia 09/19/2023
Judgment affirmed as appellant waived his constitutional challenge to the trespassing charge under Rule 3A:9; argument that his conduct did not violate the administrative code barred by Rule 5A:20; exception in Code § 18.2-419 does not apply; no abuse of discretion in admission of Commonwealth's jury instruction on picketing; conviction for obstruction was valid

0690232 Commonwealth of Virginia v. Wendell Randall-Smith 09/19/2023
Trial court did not err in granting appellee's motion to dismiss based on speedy trial grounds as the Commonwealth failed to meet its burden to prove "that the delay was based on 'one of the reasons enumerated in Code § 19.2-243 or on the accused's waiver, actual or implied, of his right to be tried within the designated period'"

0769222 John D. Cumberland v. Board of Supervisors of Middlesex County, et al. 09/19/2023
Trial court did not err in dismissing a petition for a writ of certiorari filed pursuant to Code § 15.2-2314 on the ground that appellant lacked standing as he failed to plead sufficient facts establishing a particularized harm resulting from the BZA's decision

0830221 Rakeem Ja-Hon Hodges v. Commonwealth of Virginia 09/19/2023
Judgment affirmed as any error in trial court's admission of an unredacted conviction order was harmless; evidence was sufficient to convict appellant of possession of a firearm after conviction of a violent felony as officer's testimony was not inherently incredible; no error in court's revocation of appellant's previously suspended sentence based on the new conviction

0841222 Nichole Fogleman v. Commonwealth of Virginia, et al. 09/19/2023
Trial court did not err in granting the Commonwealth's and Virginia Commonwealth University's plea of sovereign immunity as the General Assembly did not expressly or by necessary implication waive sovereign immunity under the Virginia Human Rights Act

0877222 Pamela Kay Humphries v. Robert Brian Buchanan, et al. 09/19/2023
Petition for rehearing en banc granted

1028221 Elijah Samuel Davis Nottingham v. Commonwealth of Virginia 09/19/2023
Trial court erred in denying the motion to suppress evidence where the appellant's vehicle was lawfully impounded under the community caretaker doctrine, but the search of the vehicle did not fall under the inventory search exception; Commonwealth's probable cause argument cannot be considered on appeal; conviction reversed and case remanded for further proceedings

1056223 Lashawn Donnell Gordon v. Commonwealth of Virginia 09/19/2023
Trial court did not abuse its discretion in admitting victim's hearsay statements about the sexual abuse, Code § 19.2-268.2; evidence was sufficient to convict appellant of sexual abuse of a child, Code §§ 18.2-67.4:2 and 18.2-67.10; computer solicitation of a child, Code § 18.2-374.3(C)(3); and custodial indecent liberties, Code § 18.2-370.1

1117223 Todd Puckett v. Tamara Senger 09/19/2023
Judgment affirmed in part as trial court did not err in granting a divorce based on appellant's incarceration, applying the parties' agreement to the property award, requiring appellant to pay portions of expenses related to appellee's property, and determining child support award; judgment reversed in part as to court's finding that items #9 and #10 were marital property

1175223 Justin Scott Murphy v. Commonwealth of Virginia 09/19/2023
Judgment affirmed as trial court did not abuse its discretion in denying motion to dismiss on speedy trial grounds; constitutional speedy trial claim, jury voir dire argument, and amendment of jury verdicts argument barred by Rule 5A:18; evidence was sufficient to prove appellant committed the charged crimes

1209222 Quantell Tonette Bowser v. Commonwealth of Virginia 09/19/2023
Trial court did not err in finding evidence was sufficient to convict appellant of petit larceny; no abuse of discretion in court's denial of appellant's request to defer disposition under Code § 19.2-303.2 as the court lacked authority to do so

1270222 Maria Velazquez v. Dan River Window Co., Inc., et al. 09/19/2023
No error in Commission's finding that appellant failed to prove a compensable injury by accident

1465221 Bartholomew Junior Sebrell v. Commonwealth of Virginia 09/19/2023
Trial court did not abuse its discretion in sentencing appellant for assault of a police officer and obstruction of justice as the sentences were within the ranges set by the legislature and the court expressly acknowledged it would take appellant's argument into consideration; no abuse of discretion by court in revoking appellant's previously suspended sentence

1486224 John Francis Grimes v. Commonwealth of Virginia 09/19/2023
Judgment affirmed as appellant's argument that evidence was insufficient to support convictions because it failed to prove he maintained a custodial or supervisory relationship with victim, Code § 18.2-370.1, is barred by Rule 5A:18

1537224 Michael John Star v. Commonwealth of Virginia 09/19/2023
Trial court did not err in finding evidence was sufficient to convict appellant of falsely reporting a crime to the police, Code § 18.2-461(i); argument that court abused its discretion by prohibiting appellant from filing lawsuits against certain parties without prior approval by the court barred by Rule 5A:18; ends of justice exception does not apply

1545223 Tesha Camelle Joyce v. Roanoke City Department of Social Services 09/19/2023
Trial court did not err in finding child was abused or neglected, Code § 16.1-228; no error in court's approval of foster care plan, grant of custody to DSS, and denial of appellant's request for custody

1896222 Jamaica-Autumn M. Miller v. Hopewell Department of Social Services 09/19/2023
Trial court did not err in terminating appellant's parental rights under Code § 16.1-283(E)(i) given the evidence supporting its finding that the termination was in the child's best interests

0035234 Kevin Kost v. Commonwealth of Virginia 09/12/2023
Judgment reversed as trial court abused its discretion by denying appellant's petition for expungement under Code § 19.2-392(A) notwithstanding the presentation of uncontested evidence by appellant and satisfaction of his burden to prove a "reasonable probability" of manifest injustice; case remanded for entry of order granting petition for expungement

0168231 Omar B. Mohammad v. Commonwealth of Virginia 09/12/2023
Judgment affirmed as appellant's argument that the court erred in finding the evidence was sufficient to convict him of possession of a firearm by a non-violent felon is barred by Rule 5A:18; appellant fails to establish that the application of the ends of justice provision of Rule 5A:18 is appropriate

0173231 Christian Coleman v. Commonwealth of Virginia 09/12/2023
Trial court did not abuse its discretion in sentencing appellant on his guilty pleas to incarceration for five years and six months with three years and six months suspended after weighing appellant's mitigating evidence against his criminal history, including assault and battery of a law enforcement officer and a prior firearm charge

0399221 Fletcher Thornwell v. City of Hampton Department of Social Services 09/12/2023
Trial court did not err in denying appellant's motion to strike and by finding that the child was abused or neglected, Code § 16.1-228(1); no error in transferring custody of the child to the maternal grandmother pursuant to the provisions of Code § 16.1-278.2(A1)

0675222 Steve Wayne Shifflett v. Commonwealth of Virginia 09/12/2023
Judgment reversed and case remanded where appellant's failure to complete a sex offender treatment program and 200 hours of community service at a location approved by his probation officer were failures to "follow the instructions of the probation officer," Code § 19.2-306.1(A)(v), and should have been treated by the court as a first technical violation

0753224 Daquil Raheem Smith v. Commonwealth of Virginia 09/12/2023
Trial court did not err in denying appellant's motion to suppress evidence as his Fourth and Fifth Amendment rights were not violated; no error in convicting appellant of use of a firearm in the commission of murder when he was convicted of manslaughter; no abuse of discretion by court in imposing the maximum ten-year sentence for voluntary manslaughter

0756221 Darrell Delano Washington v. Commonwealth of Virginia 09/12/2023
Trial court did not err when it convicted appellant of aggravated sexual battery as the evidence was sufficient to prove the offense beyond a reasonable doubt

1025224 Edlyn Eldridge Smith, et al. v. Peggy Ridley 09/12/2023
Judgment affirmed as a timely-filed transcript of the June 23, 2022 hearing, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of Smith's assignments of error, Rule 5A:8(b)(4)(ii); without a complete record, no evidence that Smith presented the specific arguments to the trial court that are being advanced on appeal, Rule 5A:18

1093222 Abigail Lynn Prussia, a/k/a Abigail Lynn O'Neal v. Commonwealth of Virginia 09/12/2023
Trial court did not abuse its discretion when it sentenced appellant within the sentencing guidelines, which was consistent with her request after failing to provide a urine sample

1216224 Windset Capital Corporation v. Thomas Debosky, et al. 09/12/2023
Trial court did not err in vacating the default judgment order; no error in vacating the default judgment order outside of the twenty-one days after entry of the final order provided in Rule 1:1 as a void order can be attacked at any time; court's ruling does not implicate the statute of limitations provided in Code § 8.01-428(A) and was not based on Code § 8.10-428(D)

1430224 En'Dayia Danielle Boler v. Fairfax County Department of Family Services 09/12/2023
Judgment affirmed as a timely-filed transcript of the trial, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant's first and second assignments of error, Rule 5A:8(b)(4)(ii); trial court did not err in terminating appellant's parental rights under Code § 16.1-283(C)(2)

1506224 Marcia Louise Johnson v. Commonwealth of Virginia 09/12/2023
Trial court did not err when it found the evidence sufficient to convict appellant of possession of methamphetamine as a rational fact finder could conclude from the evidence that she knowingly and intentionally possessed the drug and the evidence did not contain a reasonable theory of innocence

1566224 Kristin Lynn Burns v. Kenneth Williams Sullivan 09/12/2023
Judgment affirmed as trial court did not err in appointing a guardian ad litem for child, Code § 64.2-2003; no abuse of discretion by not appointing counsel for child and not compelling his appearance in court; appellant arguments regarding her requests for a status hearing barred by Rule 5A:20(e); remaining assignments of error abandoned and barred by Rule 5A:20(e)

0861224 Eric Lamont Green v. Commonwealth of Virginia 09/05/2023
Trial court did not err in denying motion to suppress as the stop was a lawful investigative detention supported by reasonable suspicion, officers did not extend the stop beyond the time necessary to accomplish the mission, and the gun was in plain view; evidence was sufficient to convict appellant of reckless driving, felony eluding, and violation of Code § 18.2-308.2

0915223 James Norman Massey v. Commonwealth of Virginia 09/05/2023
Trial court did not err in finding sufficient evidence to convict appellant of assault and battery of a family member based on the testimony and significant corroborating evidence presented to the jury; evidence was also sufficient to show that appellant intended to strike the deputies and his actions constituted assault and battery of a law enforcement officer

0939221 Matthew Revell-Walgorski, s/k/a Matthew Revell-Waligorski v. Commonwealth of Virginia 09/05/2023
Appeal dismissed where appellant failed to establish the trial court had subject-matter jurisdiction to consider his motion to modify or reduce his sentence, Code § 19.2-295.2; case remanded for court to vacate the April 5, 2022 order and dismiss appellant's motion

1034224 Dominique Derick Hinton v. Commonwealth of Virginia 09/05/2023
Judgment affirmed as trial court did not err in refusing to quash indictments based on alleged due process violations or in denying motion to suppress; no error in rejection of entrapment defense; no error in refusal to find appellant possessed cocaine and heroin with intent to distribute as an accommodation; argument regarding denial of a preliminary hearing barred by Rule 5A:18

1067221 Solomon Jerome Miller v. Commonwealth of Virginia 09/05/2023
Judgment reversed and case remanded where trial court abused its discretion in admitting and considering Exhibit 8, the extract of a witness' testimony from the preliminary hearing transcript, for the truth of the matter asserted as it was inadmissible hearsay; court's error was not harmless; evidence was sufficient to convict appellant of possession of a firearm, Code § 18.2-308.2(A)

1154224 Shea Curtis, Administrator of the Estate of Mary Jo Curtis v. Christopher Highfill, M.D. 09/05/2023
Judgment affirmed as argument regarding the admissibility of the 2015 letter is barred by Rule 5A:18; no abuse of discretion by court when it read the instruction regarding compensatory damages to the jury or allowed appellee to reference the compensatory damage award during opening and closing arguments

1268221 Octavia Renay Bandy v. Commonwealth of Virginia 09/05/2023
Trial court did not abuse its discretion by denying appellant's request that it run her revoked time concurrent with sentences received in another jurisdiction after considering all of the evidence, including mitigating evidence

1292224 Gregory A. Kwiatkowski, et al. v. State Board for Community Colleges 09/05/2023
Trial court did not err when it dismissed case due to sovereign immunity and lack of standing where appellants failed to allege proper standing and offered no evidence to support standing beyond generalized grievances as members of the public

1491224 Alan Emin Halac v. A.N.H., By Next Friend Angela Lumley 09/05/2023
Trial court did not err in its issuance of a protective order against appellant as the evidence supports the ruling; no abuse of discretion in awarding possession of a dog to appellee through the protective order

1804223 Antonio Lamont Best v. Commonwealth of Virginia 09/05/2023
Trial court did not abuse its discretion when it sentenced appellant after weighing appellant's mitigation evidence against the seriousness of the crime and granting appellant's request to adjust the discretionary sentencing guidelines in light of his acceptance of responsibility

1831224 Orlando Mitchell Hill v. Commonwealth of Virginia 09/05/2023
Judgment affirmed as there was no abuse of discretion when court revoked the remainder of appellant's two-year suspended sentence after demonstrating it was motivated by concern for appellant's rehabilitation and well-being, as well as the safety of the community, and weighing his mitigation evidence; argument about a neutral and detached fact finder barred by Rule 5A:18

1889221 Edward R. Sykes v. Commonwealth of Virginia 09/05/2023
Judgment affirmed as the arguments appellant asserts on appeal were not raised in the trial court and he does not invoke the good cause or ends of justice exceptions to Rule 5A:18

1898223 Ryan Clinton Durrett v. Commonwealth of Virginia 09/05/2023
Trial court did not abuse its discretion by revoking appellant's entire six-year sentence and reimposing the balance after noting his convictions for new offenses, his extensive criminal history, and determining he was dangerous to the public while also considering his mitigating evidence

2007222 Travis Oneal Bowden v. Commonwealth of Virginia 09/05/2023
Trial court did not abuse its discretion when it sentenced appellant to a 13-year active term for his convictions of possession of cocaine, possession of heroin, possession of ammunition by a convicted felon, and two counts of distributing a controlled substance after considering all of the evidence before it, including appellant's mitigation evidence

0155231 Perry Allen Miller v. Commonwealth of Virginia 08/29/2023
Trial court did not abuse its discretion when it revoked appellant's probation and imposed a three-year active sentence in addition to a three-year sentence for a new firearm offense

0696221 Alfred Walter Little, Jr. v. Commonwealth of Virginia 08/29/2023
Judgment affirmed as there was sufficient evidence to convict appellant of assault and battery of a law enforcement officer where the appellant touched the officer in a rude, insolent, and angry manner when he pushed the officer into a parked vehicle and subsequently attempted to trip him; argument about proof appellant knew this was a law enforcement officer barred by Rule 5A:20

0802221 Shawn William White v. Commonwealth of Virginia 08/29/2023
Judgment affirmed as to argument that detectives' identification of appellant in surveillance photos was not reasonable based upon their personal experience and observations as that particular objection was not made at trial; evidence was sufficient to sustain convictions; argument about probation revocation sentence is moot

1047224 Canaan Homes LLC, et al. v. Perchuhy Kazhoyan Cummings, et al. 08/29/2023
Judgment reversed and case remanded as the trial court erred in denying appellant's motion for arbitration where the arbitration clause in the construction contract was unambiguous and enforceable and applied to both the underlying claims and questions of arbitrability; language of the arbitration clause was sufficient to incorporate the American Arbitration Association Rules

1368224 Michael Anthony Sherman v. Commonwealth of Virginia 08/29/2023
Trial court did not err in finding appellant violated his probation and his conduct was a special condition violation, not a technical violation, Code § 19.2-306.1; no abuse of discretion in court's imposition of the balance of his previously suspended sentence; record indicates court considered appellant's mitigation evidence

1448223 Elaine Renee Shampine, a/k/a Elaine Renea Shampine v. Roanoke City Department of Social Services 08/29/2023
Trial court did not err in terminating appellant's parental rights pursuant to Code § 16.1-283(B) as such termination was in the child's best interests

1455223 Laura Gilman v. Lynchburg Department of Social Services 08/29/2023
Trial court did not abuse its discretion by admitting the report and opinion of an expert in clinical psychology dealing with parenting capacity based on an interview with appellant and results of her psychological tests; no error in terminating appellant's parental rights under Code § 16.1-283(C)(2)

1482223 George Gilman, s/k/a George Marvin Gilman v. Lynchburg Department of Social Services 08/29/2023
Trial court did not err in terminating appellant's parental rights under Code § 16.1-283(C)(2)

1627223 Nathaniel R. Chiles, Sr. v. Shanna Sandidge 08/29/2023
Judgment affirmed as a timely-filed transcript of the September 1, 2022 custody hearing, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant's assignments of error, Rule 5A:8(b)(4)(ii)

1926224 Jeffrey Poole, et al. v. On Deck Capital, Inc. 08/29/2023
Judgment affirmed as there is no jurisdiction to review the July 25, 2022 order because a timely notice of appeal was not filed; a timely-filed transcript, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant's assignments of error related to the September 9, 2022 hearing, Rule 5A:8(b)(4)(ii)

1959223 Allen Scott Wimer v. Commonwealth of Virginia 08/29/2023
Judgment affirmed as trial court did not abuse its discretion when it imposed an 8-year and 295-day active sentence after revoking appellant's previously suspended sentences after considering his mitigating evidence; argument that the probation violation was a second technical violation under Code § 19.2-206.1 barred by Rule 5A:20

0230233 Rachel Leanor Handy v. Commonwealth of Virginia 08/22/2023
Judgment affirmed as timely-filed trial transcripts, or a written statement of facts in lieu of the transcripts, is necessary to permit a review of the merits of appellant's assignments of error, Rule 5A:8(b)(4)(ii)

0248234 Perfect Landscape, LLC v. Nader P. Mansour 08/22/2023
Judgment affirmed as a timely-filed trial transcript of the November 18, 2022 hearing, or written statement of facts in lieu of the transcript, is necessary to permit a review of the merits of appellant's arguments, Rule 5A:8(b)(4)(ii)

0877222 Pamela Kay Humphries v. Robert Brian Buchanan, et al. 08/22/2023
Judgment affirmed as a timely-filed transcript of the October 15, 2021 trial, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant's assignments of error, Rule 5A:8(b)(4)(ii)

1264221 Samantha Dortch v. Commonwealth of Virginia 08/22/2023
Judgment affirmed as a timely-filed transcript of the trial, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant's assignment of error, Rule 5A:8(b)(4)(ii)

1281221 Kaleb S. Nicol v. Commonwealth of Virginia 08/22/2023
Judgment affirmed where appellant's argument that his Alford pleas were not entered intelligently and voluntarily is barred by Rule 5A:18; court did not abuse its discretion when it sentenced appellant as the record shows his mitigating evidence was considered and he was sentenced within the permissible statutory range

1282223 Daniel Keon Woody v. Commonwealth of Virginia 08/22/2023
Trial court did not err in finding appellant guilty of unlawful wounding and assault and battery as the Commonwealth's evidence was competent, not inherently incredible, and sufficient to sustain the convictions

1694224 Vincent Anthony Cabrera Wesley v. Commonwealth of Virginia 08/22/2023
Trial court did not err in finding sufficient evidence to convict appellant of aggravated malicious wounding as victim's concussion and other injuries sustained in the attack demonstrated a permanent and significant injury, Code § 18.2-51.2(A); no error in denial of appellant's motions to strike based on an insanity defense

1744221 Corey Lance Hill v. Commonwealth of Virginia 08/22/2023
Trial court did not abuse its discretion in imposing an active term of two years and ten months of incarceration when it revoked appellant's previously suspended sentences after weighing appellant's mitigating evidence against his repeated violations of the conditions of his probation

1787222 Trevanta Rashad Yarborough, s/k/a Tre'Vante Rashad Yarborough v. Commonwealth of Virginia 08/22/2023
Trial court did not abuse its discretion when it revoked appellant's previously suspended sentences and imposed an active term of 2 years and 8 months as the term was not clearly inconsistent with the facts of the case and the record demonstrates the court considered the mitigating evidence

2003222 Joseph T. Elliott, Jr. v. La Krista M. Fant, et al. 08/22/2023
Judgment affirmed as there was no error in the trial court's ruling divesting appellant of record title to the property at issue; argument regarding taxing $6,000 in commissioner's fees and expenses to appellant barred by Rule 5A:18; remaining arguments barred by Rule 5A:20

0346221 Hank Larkin Smith, Jr. v. Commonwealth of Virginia 08/15/2023
Judgment affirmed as trial court did not abuse its discretion by denying appellant's proposed jury instruction on the meaning of "willful;" evidence was sufficient to prove appellant acted willfully and to show that his actions "caused or permitted" the child's death; argument that evidence was insufficient to convict for felony homicide barred by Rule 5A:18

0507224 Ian Alexander Zimmerman v. Commonwealth of Virginia 08/15/2023
Judgment affirmed as certain assignments of error cannot be evaluated without a properly filed transcript from September 17, 2021; assignments of error 2, 6, and 7 barred by Rule 5A:18; no error in court's denial of appellant's Batson challenges, in overruling objections to voir dire questions, in allowing testimony about head trauma, or in excluding character evidence

0514222 Matthew Scott Chapman v. Commonwealth of Virginia 08/15/2023
Trial court did not err in denying appellant's motion to strike the evidence as the jury could infer from the totality of the evidence that appellant acted out of anger and reject his claim of self-defense; no abuse of discretion to deny appellant's challenge to the jury instruction on the elements of shooting in the commission of a felony, Code § 18.2-53

0651222 Tyron K. Banks v. Commonwealth of Virginia 08/15/2023
Trial court did not abuse its discretion in sentencing appellant to a 15-year active sentence after revocation of his probation as it considered his mitigating evidence and imposed a sentence within the range allowed by statute

0659224 Salodus Zeloter Hicks IV, s/k/a Salodius Z. Hicks v. Commonwealth of Virginia 08/15/2023
Judgment reversed where trial court abused its discretion by denying appellant's motion to strike Juror 49 for cause as the juror repeatedly demonstrated that he held a preconceived view which repelled the presumption of innocence; case remanded for new trial

0707223 Kevin Joseph Schandel v. Commonwealth of Virginia 08/15/2023
Trial court did not err in finding sufficient evidence to convict appellant of assault and battery of a police officer based on various overt actions by appellant; no error in rejecting appellant's argument that he and the deputy had engaged in mutual combat

0725223 Quintial Louwell Spinner v. Commonwealth of Virginia 08/15/2023
Judgment affirmed where court allowed a witness to testify who had not been disclosed in accordance with Rule 3A:11, admitted a surveillance video and the breath analysis certificate, and allowed an expert's testimony; evidence was sufficient to convict appellant of felony hit-and-run; argument regarding involuntary manslaughter barred by Rule 5A:18

0795224 Maurice C. Cox v. Commonwealth of Virginia 08/15/2023
Judgment affirmed as appellant's argument that trial court abused its discretion by finding appellant in violation of his probation cannot be evaluated as the record does not contain a transcript of the January 7, 2022 hearing; argument regarding court's sentencing decision is barred by Rule 5A:18

1118223 Julia Barbour v. Carilion Medical Center, d/b/a Carilion Roanoke Memorial Hospital 08/15/2023
Trial court did not err in finding appellee was not negligent in this personal injury action

1247223 Ryan Mitchell Allen v. Commonwealth of Virginia 08/15/2023
Trial court did not err in denying motion to suppress evidence as the officers had reasonable suspicion to detain appellant and probable cause to arrest him, search his vehicle, and obtain a search warrant for his blood; Code § 18.2-268.2(A) did not apply in this case; no error in admitting the certificate of analysis

1355221 Kevin Orlando Bowles v. Commonwealth of Virginia 08/15/2023
Judgment affirmed because argument as to whether appellant's guilty pleas were entered knowingly, intelligently, and voluntarily is barred by Rule 5A:18 and no manifest injustice will result by applying that rule; no abuse of discretion as to court's sentencing as it received and considered his mitigating evidence

1432224 Board of Supervisors of Rappahannock County v. Joseph B. Long, et al. 08/15/2023
Judgment reversed as the Board of Supervisors reasonably denied the permit application for a proposed contractor's yard, thus the decision was fairly debatable and should have been sustained

1451224 Jeremiah J. Atkins v. Joseph B. Long, et al. 08/15/2023
Judgment reversed as the Board of Supervisors reasonably denied the permit application for a proposed contractor's yard, thus the decision was fairly debatable and should have been sustained

1673222 Wilber Alberto Rosa Avalos v. Commonwealth of Virginia 08/15/2023
Judgment affirmed where appellant's argument that the trial court abused its discretion when it excluded testimony from a witness as hearsay is barred by Rule 5A:18

1845221 Alex Warren Tew v. Commonwealth of Virginia 08/15/2023
Trial court did not abuse its discretion by imposing four years of active incarceration and resuspending the remainder of appellant's sentences after revoking his probation when he committed numerous probation violations, including using controlled substances and committing new felony offenses

0120224  Eric Lisann v. Elizabeth Lisann 08/08/2023
Trial court erred in omitting appellant’s request for a spousal support reservation from the final decree, Code § 20-107.1(D); equitable distribution award of the Daniel Lewis property is vacated; spousal support award is vacated based on any modifications made to the equitable distribution award; judgment affirmed in all other respects

0005233 James Frederic Brown, III v. Commonwealth of Virginia 08/08/2023
Judgment affirmed as a timely-filed transcript of the September 26, 2022 hearing, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant's assignments of error, Rule 5A:8(b)(4)(ii)

0623222 Michael Kevin McReynolds v. Commonwealth of Virginia 08/08/2023
Upon a rehearing - Judgment affirmed as appellant's argument that trial court abused its discretion by admitting a double hearsay affidavit is barred by Rule 5A:18

0726223 Chris Everette Johnson v. Commonwealth of Virginia 08/08/2023
Trial court did not err in denying appellant's motion to suppress evidence as the officer had a reasonable suspicion that appellant was armed and dangerous at the time of the search and conducted a limited search of those areas of the vehicle to which appellant would generally have immediate control and that could contain a weapon

0785223 Adrian Isaiah Gray v. Commonwealth of Virginia 08/08/2023
Judgment affirmed as argument that trial court failed to strike a prospective juror for cause is barred by Rule 5A:18; no abuse of discretion in concluding the Commonwealth adequately authenticated the surveillance footage and still photographs taken from that footage and admitting them into evidence

0925223 Cathy Virginia Lovelace v. Eric Michael Robbinette 08/08/2023
Judgment affirmed as a timely-filed transcript of the May 24, 2022 hearing, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant's assignments of error, Rule 5A:8(b)(4)(ii)

1030224 Raza H. Sikandar, s/k/s Raza Hasan Sikandar v. Commonwealth of Virginia 08/08/2023
Judgment affirmed as there is no jurisdiction to consider appellant's first two assignments of error because he did not file a timely notice of appeal challenging the final revocation order, Rule 5A:6(a); trial court did not have jurisdiction to consider appellant's motion to withdraw his "guilty plea" filed three months after entry of the final revocation order, Rule 1:1(a)

1042224 Brenda Lee Taylor, Administrator of the Estate of Ricky El Taylor, Deceased v. David Posey, et al. 08/08/2023
Trial court did not err when it dismissed the appellant's complaint as the facts, as alleged, support a finding that appellant's COVID-19 was a covered disease under Code § 65.2-401; no error in application of the Act's exclusivity provision and dismissal of the wrongful death claim

1098224 Eman Mahamed v. Alexandria City Public Schools, et al. 08/08/2023
Decision affirmed as appellant failed to seek a timely review of her January 26, 2021 award order and did not assign error to the Commission's threshold finding that would have to be reversed before the average weekly wage could be modified

1126223 Daniel Lee Bowman v. Commonwealth of Virginia 08/08/2023
Judgment affirmed as timely-filed transcripts of the trial and sentencing hearings, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant's assignments of error, Rule 5A:8(b)(4)(ii)

1128223 James Burton Childress v. Commonwealth of Virginia 08/08/2023
Trial court did not err in finding the evidence was sufficient to convict appellant of statutory burglary and grand larceny based on the combined force of the circumstantial evidence

1305224 Twenty-Nine Street Corridor, LLC v. Taj Corporation, et al. 08/08/2023
Trial court did not err in finding the mutual intent of the parties was reflected by the terms contained in Exhibit 11; appellant's failure to plead fraud to the trial court before trial or preserve the allegation post-trial results in waiver of the issue; no error in ruling that appellant failed to prove any further rents due and owing from appellees

1457223 James Desper v. Commonwealth of Virginia 08/08/2023
Trial court did not err in holding that Rule 1:1(a) prohibited it from considering appellant's argument in a motion to vacate filed nearly a decade after entry of the final sentencing order

1791221 Robert Louis Midgett v. Commonwealth of Virginia 08/08/2023
Trial court did not abuse its discretion by finding appellant had violated his probation and revoking the remainder of appellant's previously suspended sentences

0448222 Jason Franklin Maxwell v. Commonwealth of Virginia 08/01/2023
Trial court did not err in finding sufficient evidence to convict appellant of felony eluding, Code § 46.2-817(B), where appellant disregarded the officer's emergency lights and sirens for nearly half an hour while speeding at almost 100 mph through dark and hilly country roads with blind curves, disregarded stop signs, and ultimately lost control of his vehicle

0557222 Patrick D. Goldy v. Commonwealth of Virginia 08/01/2023
Trial court did not err in convicting appellant of two counts of aggravated sexual battery against a victim less than 13 years old as the victim's testimony was not inherently credible and the evidence supported the jury's verdicts of guilt

0570221 Ferrari Aramis Ferdinand v. Commonwealth of Virginia 08/01/2023
Trial court did not err in denying appellant's motion to strike when there was credible evidence in the record to support jury's implicit finding of malice; evidence does not support appellant's claim of self-defense; Commonwealth's evidence was competent, not inherently incredible, and sufficient to prove appellant was guilty of second-degree murder and use of a firearm

0665223 Joey Dwayne Roach v. Commonwealth of Virginia 08/01/2023
Trial court did not err in finding evidence was sufficient to convict appellant of receiving stolen property pursuant to Code § 18.2-108 where he obtained the truck shortly after it was stolen, paid ten percent of the truck's value, admitted the ignition had already been popped out, and could not provide a title or receipt for the vehicle

0677212 Paul H. Lundmark v. County of Henrico 08/01/2023
Trial court did not err in denying appellant's motion to suppress evidence as the officer had reasonable suspicion to believe appellant had violated Code § 46.2-833(A) and the suspicion was magnified when appellant repeatedly ignored signals to pull over; no abuse of discretion in denying motion in limine as officer substantially complied with regulations for conducting test

0690222 John R. Fricchione v. Cheryl Matthew 08/01/2023
Trial court did not err in granting appellee's motion to strike appellant's evidence as the record failed to include any evidence as to what the standard of care is with respect to designing a brick stairway and whether the design of the stairway or failure to warn of its dangers breached that standard of care

0751223 Curtis Glen Atkins v. Sheryl Atkins Williams, et al. 08/01/2023
Judgment affirmed where trial court granted summary judgment to appellees as a devise of farmland made to appellant in his mother's will had adeemed by extinction; the will did not indicate an intention that appellant inherit the entire farm; court's error in considering earlier complaints under Code § 8.01-389(A) was harmless

0779222 Munir Ma'Moun Hussein, s/k/a Munir Ma'Moud Hussein v. Commonwealth of Virginia 08/01/2023
Trial court did not err in finding sufficient evidence to convict appellant of felony eluding under Code § 46.2-817(B) and operating a tractor-trailer while under the influence of a drug pursuant to Code § 46.2-341.24(A)(iii); no error in denying appellant's motion to suppress evidence; no error in refusing to grant appellant first-offender status under Code § 18.2-51

0820221 Stanley Edward Johnson, s/k/a Stanley Edward Johnson Bey v. Commonwealth of Virginia 08/01/2023
Trial court did not err when it revoked appellant's probation in 2022 as his 2003 sentence included an indeterminate period of probation and his revocation in 2019 also included the same indeterminate period; 2021 amendment to Code § 19.2-303.1 did not apply retroactively and affect the pre-existing, final orders

0839222 Jesus Manuel Lopez-Ramirez v. Commonwealth of Virginia 08/01/2023
Trial court did not abuse its discretion in admitting the certificate of analysis; evidence was sufficient to convict appellant of possession with intent to distribute cocaine and for possessing a firearm while possessing with intent to distribute cocaine; no error in refusing to apply the "carve out exception for concealed weapons secured within containers" referenced in Code § 18.2-308

0880222 Calvin Elton Clark v. Commonwealth of Virginia 08/01/2023
Judgment affirmed as appellant's argument that his Sixth Amendment right to confront witnesses against him was violated when a witness testified while wearing a mask is barred by Rule 5A:18; the Commonwealth's evidence was competent, was not inherently incredible, and was sufficient to prove beyond a reasonable doubt that appellant was guilty of second-degree murder

0887224 Rakesh Kumar Dhawan v. Bonita Dhawan 08/01/2023
Judgment affirmed in part as to the trial court's pendente lite and contempt orders and reversed in part as to the division of Falco's Capital One checking account, apportionment of several of Falco's debts to appellant, and order that appellant pay wife for her "post-separation paychecks;" spousal and child support awards to be reassessed on remand

0904221 Justin Alan Farmer v. Commonwealth of Virginia 08/01/2023
Trial court did not abuse its discretion when imposing its sentence after considering both mitigating and aggravating factors during appellant's probation revocation hearing

1081224 Dorcon Group, LLC v. Todd J. Westrick, et al. 08/01/2023
Judgment reversed and case remanded as the trial court erred in holding that a 2020 amendment was a modification of a deed of subdivision and imposition of restrictive covenants and road agreement; no error in court's failure to consider appellant's request for an award of attorney fees

1204224 Dario Figueroa Rodas v. Commonwealth of Virginia 08/01/2023
Trial court did not abuse its discretion when weighing mitigating and aggravating factors in formulating a sentence after jury convicted appellant of attempted rape; no error for court to sentence appellant to ten years' incarceration; court did not penalize appellant for pleading not guilty and exercising his right to a jury trial

1389224 Eileen Bobsin v. Geoffrey Bobsin 08/01/2023
Trial court did not abuse its discretion in denying appellant's motion to reconsider when it conducted an equitable distribution hearing in her absence and entered a final order of divorce after rejecting her contention that she was medically unable to attend and participate in the trial

1582222 Waddel M. Fox v. Commonwealth of Virginia 08/01/2023
Trial court did not err in denying appellant's motion to vacate his convictions as he has not proven the 2003 judgment was void or that Code § 8.01-428 provides an exception to Rule 1:1; trial court is not required to give findings of facts and conclusions of law absent a statutory mandate; appeal dismissed for lack of jurisdiction

1588224 Daved O'Neil Landsdowne v. Commonwealth of Virginia 08/01/2023
Trial court did not err in finding sufficient evidence to convict appellant of felony eluding, three counts of reckless driving, and other charges, as the officer's dash cam video demonstrated that appellant was the driver of the car

1634223 Troy Lee Beasley v. Commonwealth of Virginia 08/01/2023
Judgment affirmed as appellant's arguments that the evidence was insufficient to prove he possessed or used a weapon for purposes of any of the six offenses for which he was convicted is barred by Rule 5A:20(e)

1679221 Deon Marcel Gatling v. Commonwealth of Virginia 08/01/2023
Trial court did not abuse its discretion by revoking appellant's previously suspended sentence and imposing sixteen years of active incarceration after balancing the mitigating circumstances against his commission of multiple new offenses, including violent felonies and offenses involving a firearm

0003233 Matthew Edwin Lawson v. Commonwealth of Virginia 07/25/2023
Trial court did not abuse its discretion in imposing a sentence of 6 years and 12 months of active incarceration after revoking his previously suspended sentences due to new criminal offenses

0384222 Jonathan Michael Wynkoop, s/k/a John Michael Wynkoop v. Commonwealth of Virginia 07/25/2023
Trial court did not abuse its discretion when it revoked appellant's previously suspended sentences and imposed an active term of incarceration of three years and six months after finding appellant failed to cooperate with probation and committed new offenses

0543221 Desmond Lamonte McEachin v. Commonwealth of Virginia 07/25/2023
Judgment reversed as trial court erred in denying appellant's motion to suppress evidence after officers conducted a warrantless search of his vehicle; no probable cause existed to search based on a violation of Code § 18.2-323.1 where the Commonwealth did not establish the third element of § 18.2-323.1(B)'s rebuttable presumption

0553223 George Randolph Rucker v. Commonwealth of Virginia 07/25/2023
Trial court did not err in convicting appellant of possession of ammunition as a convicted felon as appellant was occupying the bedroom in which the ammunition was found, clearly visible, on the nightstand next to the bed

0650221 Nakia Durham v. Commonwealth of Virginia 07/25/2023
Trial court did not err in finding the officer's search of appellant's car was properly supported by probable cause and denying appellant's motion to suppress the evidence; evidence was sufficient to prove appellant constructively possessed the gun found in the vehicle's console

0661223 Department of State Police v. Todd Brendel 07/25/2023
Judgment reversed and case remanded for trial court to determine whether DSP reinstated appellee's insurance retroactive to June 2020 and for factual findings on the issue of employee premium off-set to the reimbursement award; ruling concerning appellee's purchase of his service weapon is reversed

0809221 Zeporah Sykes v. Tilo Alexander 07/25/2023
Judgment reversed as evidence failed to establish that granting the name change of the child was in her best interest

0837221 Victor A. Espinoza-Camargo, s/k/a Victor Espinoza-Camargo v. Commonwealth of Virginia 07/25/2023
Trial court did not err in finding Commonwealth's evidence was sufficient to prove appellant's actions were malicious as required by Code § 18.2-51 after he slashed victim's face with a knife; evidence also proved appellant intended to maim, disfigure, disable or kill the victim; heavy alcohol consumption does not excuse the criminal liability for appellant's actions

0895221 Melanie Jones Ballard v. Commonwealth of Virginia 07/25/2023
Trial court did not abuse its discretion when it inquired as to why father was not personally present for pick-up of the minor child and its interpretation of the custody orders at issue was reasonable; court was not plainly wrong in concluding that the evidence was sufficient to hold appellant in contempt for violating the court's order, Code § 18.2-456

0940223 Daniel James Stark and Catherine Stark v. Dennis Crumpler 07/25/2023
Trial court erred as a matter of law in interpreting its own orders finding the appellants in contempt for bicycling on Cedar Ridge Road and committing defamation against appellee; judgment is reversed, final order is vacated, and proceedings are dismissed

0975223 Timothy Job Smith v. Commonwealth of Virginia 07/25/2023
Trial court did not err in convicting appellant of assault and battery against a family member as the record supports the trial court's credibility determination and the Commonwealth's evidence was competent, was not inherently incredible, and was sufficient to convict

0978222 Kelsey A. Haley v. Virginia Department of Corrections 07/25/2023
Judgment affirmed as record does not support the argument that appellant was disciplined more harshly based on race or gender; notice of the charges provided by VDOC was not contrary to law; appellant was provided due process of law; grievance procedure is not unconstitutional; various other arguments fall outside the scope of appellate review

1162224 Darlin Yulitza Rivas Martinez v. Arlington County Department of Human Services 07/25/2023
Trial court did not err in finding child was abused or neglected; no error in terminating appellant's parental rights under Code § 16.1-283(C)(2) and approving the foster care goal of adoption as appellant did not challenge that independent ground for termination

1202221 Walter Delaney Booker v. Commonwealth of Virginia, et al. 07/25/2023
Trial court did not err when it dismissed appellant's complaint filed pursuant to the Virginia Tort Claims Act as he sought judgment of less than $4,500 and, under Code § 8.01-195.4, the complaint fell within the exclusive jurisdiction of the general district court

1271223 John Henry Conner, Jr. v. Commonwealth of Virginia 07/25/2023
Trial court did not err when it denied appellant's writ of error coram vobis and/or audita querela under Code § 8.01-677 as his claims relied on facts that were either known to him when the underlying cases were originally before the court or appear on the record of those cases; ineffective assistance of counsel claim could be raised in a habeas corpus petition

1330222 Jeffrey Wayne Kerr v. Commonwealth of Virginia 07/25/2023
Trial court did not err in finding the Commonwealth's evidence was competent, not inherently incredible, and was sufficient to prove beyond a reasonable doubt that appellant was guilty of violating a protective order, Code § 16.1-253.2(A); no abuse of discretion by court when it imposed an active sentence of 5 months in jail for the violation

1456222 Raymond L. Harvey, Jr. v. Commonwealth of Virginia 07/25/2023
Trial court did not err in dismissing appellant's complaint as his claim did not present a justiciable controversy to invoke the court's jurisdiction to render a declaratory judgment; no reversible error in the court's consideration of the Commonwealth's combined responsive pleading

1489224 Nicholas Alexander Howard v. Commonwealth of Virginia 07/25/2023
Judgment affirmed where there was no abuse of the trial court's discretion in imposing an eight-year active sentence after considering appellant's mitigating evidence and all of the circumstances and in denying appellant's motion for modification of the sentence under Code § 19.2-303; argument regarding imposition of supervised probation for life barred by Rule 5A:18

1581222 Michael J. Formica v. Scott B. Puryear, Esq. 07/25/2023
Trial court did not err in sustaining appellee's plea in bar on the statute of limitations for appellant's claim for legal malpractice

1613224 Jonathan Lee Ogle v. Commonwealth of Virginia 07/25/2023
Trial court did not err in classifying its requirement that appellant obtain a mental health assessment as a "special condition" and appellant's violation of the requirement was therefore not a technical violation pursuant to Code § 19.2-306.1(A)

1884224 Amy Breslin v. Elizabeth Ballew 07/25/2023
Judgment affirmed as a timely-filed transcript, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant's assignment of error, Rule 5A:8(b)(4)(ii)

1902223 Marlon Andre Organ, Jr. v. Commonwealth of Virginia 07/25/2023
Judgment affirmed as a timely-filed transcript of the bench trial, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant's assignment of error, Rule 5A:8(b)(4)(ii)

1993222 Johnny Earl Miller, III v. Commonwealth of Virginia 07/25/2023
Trial court did not abuse its discretion when it sentenced appellant to active incarceration after his second probation violation as he incurred a new felony conviction during the suspension period

0129223 Christopher Dwayne Lumpkin v. Commonwealth of Virginia 07/18/2023
Trial court did not abuse its discretion in denying appellant's motion to order medical testing and appoint an expert as he failed to present a particularized need for one; evidence was sufficient to convict appellant as the jury concluded the victim was credible and rejected appellant's hypothesis of innocence; no violation of appellant's right to confrontation at sentencing

0359222 Godday O. Abuede v. Gloria E. Wszolek 07/18/2023
Judgment affirmed as appellant failed to preserve his claims for appellate review and they are therefore barred by Rule 5A:18

0359232 Commonwealth of Virginia v. Mitchell Corleone Hudson, Jr. 07/18/2023
Judgment reversed and case remanded as trial court erred in granting a motion to suppress all evidence derived from a cell phone seized during a traffic stop of a car in which appellant was a passenger where the officers justifiably seized the phone as evidence of a crime

0508223 Deshawn Reynolds v. Commonwealth of Virginia 07/18/2023
Trial court did not err in finding evidence was sufficient to convict appellant of distribution of cocaine as a third or subsequent offense and denying his motion to strike as the confidential informants' testimony was not inherently incredible as a matter of law; no error in admitting the certificates of analysis at trial where appellant speculates that informant tampered with evidence

0601221 James Vernon Brooks, Jr. v. Commonwealth of Virginia 07/18/2023
Judgment affirmed as appellant's argument that the evidence was not sufficient to prove he violated the conditions of his probation is barred by Rule 5A:18 and the ends of justice exception does not apply

0615222 Nicholas Lamont Turner v. Commonwealth of Virginia 07/18/2023
Trial court did not abuse its discretion in admitting a witness' preliminary hearing testimony where the Commonwealth made reasonable efforts to secure the witness' presence; evidence was sufficient to convict appellant of two counts of felony eluding, Code § 46.2-817(B)

0684222 Christopher Renaldo Albert v. Commonwealth of Virginia 07/18/2023
Appeal dismissed where trial court did not have subject-matter jurisdiction to grant the relief sought; case remanded for court to vacate its April 8, 2022 order and dismiss appellant's motion to vacate his convictions

0790222 Daniel Edward Krenicky v. Commonwealth of Virginia 07/18/2023
Trial court did not err in finding sufficient evidence to convict appellant of object sexual penetration of a child under thirteen, sodomy, aggravated sexual battery of a child under thirteen and indecent liberties with a minor by a parent as the victim's testimony was competent and not inherently incredible

0805223 Jason Darrell Williamson v. Kristi Lynn (Bartley) Williamson 07/18/2023
Trial court did not err in incorporating the property settlement agreement into the divorce decree where appellant failed to prove the agreement was unconscionable by clear and convincing evidence; appellant failed to introduce into the record evidence showing a gross disparity resulted from the division of the parties' marital assets and debt

0827223 Sheldon Maurice Adams v. Commonwealth of Virginia 07/18/2023
Trial court did not err in finding the evidence was sufficient for the jury to convict appellant of possession with intent to distribute methamphetamine and AMB-FUBINACA as a rational jury could have found he knew about the contents of the case from his pocket and the duffel bag in the back seat of the vehicle

0886221 Dacquez Keshawn Wilson v. Commonwealth of Virginia 07/18/2023
Judgment affirmed as appellant's argument that the trial court erred in accepting his guilty pleas because he did not enter them freely and voluntarily is barred by Rule 5A:18 and the ends of justice exception does not apply; no abuse of discretion by the court when it imposed the sentences after weighing mitigating circumstances against appellant's conduct

0899221 Darrell K. Saunders, et al. v. Deutsche Bank National Trust Company, etc, et al. 07/18/2023
Trial court did not abuse its discretion in granting appellees' motion craving oyer and denying appellants' motion to amend the complaint

1073224 Andrei J. Kublan, Esquire v. Devon B. Humphreys, Esquire 07/18/2023
Judgment affirmed as trial court did not err in imposing sanctions against appellant pursuant to Code § 8.01-271.1 for issuing a witness subpoena to an attorney who, by virtue of being bound by attorney client privilege, could not testify without her former client waiving her privilege; argument that it was not necessary for the privilege to be waived barred by Rule 5A:18

1296222 Jamell Devon Davis v. Commonwealth of Virginia 07/18/2023
Appeal dismissed where trial court did not have subject-matter jurisdiction to grant appellant's motion for a hearing to correct the sentencing order; case remanded for court to vacate its March 7, 2022 order and dismiss appellant's motion

1530223 Lorenzo Lee Thomas v. Commonwealth of Virginia 07/18/2023
Judgment affirmed as timely-filed transcripts of the guilty plea and sentencing hearings, or a written statement of facts in lieu of transcripts, is necessary to permit a review of the merits of appellant's assignments of error, Rule 5A:8(b)(4)(ii)

1732221 William Columbus Broughton v. Commonwealth of Virginia 07/18/2023
Trial court did not abuse its discretion in revoking appellant's previously suspended sentences and imposing the balance of the sentences after he incurred new criminal convictions during the suspension period; court considered appellant's mitigating and enhancing factors in making its determination

1757223 Jennifer Gail Portee v. Commonwealth of Virginia 07/18/2023
Judgment affirmed as appellant's argument that she cannot be held criminally liable for doing what she had a right to do is barred by Rule 5A:18 and the ends of justice exception does not apply as appellant's argument fails to demonstrate a manifest injustice

1920223 Steven Rockey, etc. v. Benny Clark Medina 07/18/2023
Judgment affirmed as a timely-filed transcript of the October 4, 2022 hearing, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant's assignments of error, Rule 5A:8(b)(4)(ii)

0049222 Vincent Joseph Decicco v. Commonwealth of Virginia 07/11/2023
Judgment affirmed as a timely-filed transcript of the November 9, 2020 hearing, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant's first and second assignments of error, Rule 5A:8(b)(4)(ii); evidence was sufficient to support the revocation of appellant's suspended sentence

0655223 Robert Alvin Littleton, Jr. v. Commonwealth of Virginia 07/11/2023
Trial court did not abuse its discretion in revoking appellant's previously suspended sentences and imposing a sentence longer than suggested by the discretionary sentencing guidelines after weighing the mitigating evidence against appellant's repeated failure to report to his probation officer, history of distribution charges, and other factors

0667223 Shaheim Damonte Moon, s/k/a Shaheim Damont'e Moon v. Commonwealth of Virginia 07/11/2023
Trial court did not err in denying appellant's motion to suppress evidence as he had previously waived his rights to warrantless searches of any vehicle he was occupying and the fact that the car was moved to another location before the search didn't preclude the search; evidence was sufficient to convict appellant of possession with intent to distribute fentanyl pills

0793224 Ricardo Giron Chavez v. Commonwealth of Virginia 07/11/2023
Trial court did not abuse its discretion when it denied appellant's motion to introduce evidence supporting his theory that victim's testimony was fabricated; no abuse of discretion or manifest error in court's refusal to strike a juror for cause; evidence was competent and sufficient to convict appellant of rape

0854221 Jermaine Antoine Tucker v. Commonwealth of Virginia 07/11/2023
Trial court did not err in determining the evidence was sufficient to convict appellant of second-degree murder and use of a firearm in the commission of a murder as there was abundant proof of his identity as the shooter and he made incriminating statements at the jail after his arrest

0875222 Jeremy Dwayne Adams v. Commonwealth of Virginia 07/11/2023
Judgment affirmed as there was sufficient evidence to convict appellant of felony eluding when evidence showed he was traveling at excessive speeds and driving recklessly after the state trooper activated his emergency lights and began his pursuit; argument that Commonwealth failed to prove appellant intended to commit the offenses charged barred by Rule 5A:18

1038224 Adonay Polanco Cabrera v. Commonwealth of Virginia 07/11/2023
Trial court did not abuse its discretion in admitting evidence of appellant's flight to El Salvador following a murder after balancing the probative value against its potential prejudicial effects; no error in admission of crime scene and autopsy photos as they were highly probative of appellant's malice and premeditation; no error in denying motion to strike the evidence

1410224 Thighe Kavanaugh, s/k/a Thighe Kavanagh v. Commonwealth of Virginia 07/11/2023
Judgment affirmed as a timely-filed transcript of the plea hearing, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant's assignments of error, Rule 5A:8(b)(4)(ii)

1463222 James Medeiros, et al v. Virginia Department of Wildlife Resources 07/11/2023
Judgment affirmed as a timely-filed transcript of the demurrer hearing, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant's assignment of error, Rule 5A:8(b)(4)(ii)

1525223 Juan Salazar Rojas v. Commonwealth of Virginia 07/11/2023
Trial court did not abuse its discretion in revoking appellant's previously suspended sentence and imposing a sentence longer than suggested by the discretionary sentencing guidelines after weighing the mitigating evidence against appellant's behavior, including routinely drinking in defiance of the conditions of his suspended sentence and incurring new felony convictions

1614223 Victoria Kristen Critzer v. Commonwealth of Virginia 07/11/2023
Trial court did not err in finding sufficient evidence to convict appellant of statutory burglary while armed with a deadly weapon and attempted malicious wounding when appellant entered the home of her ex-husband during the night uninvited, carried a claw hammer and a wooden board, and struck her ex-husband twice with the hammer

0015232 Brandon Edward Jones, a/k/a Edward Brandon Jones v. Commonwealth of Virginia 07/05/2023
Trial court did not err in imposing the entirety of appellant's previously suspended sentence after balancing appellant's mitigation evidence against the aggravating factors presented at his revocation hearing

0057232 Marvin James Kersey v. Commonwealth of Virginia 07/05/2023
Judgment affirmed as timely-filed transcripts of the trial and motion in limine hearing, or a written statement of facts in lieu of the transcripts, is necessary to permit a review of the merits of appellant's assignments of error, Rule 5A:8(b)(4)(ii)

0240222 Diallo Olumnminji Turner v. Commonwealth of Virginia 07/05/2023
Trial court did not err in convicting appellant of possession of cocaine as the circumstantial evidence was sufficient for it to conclude appellant was aware of both the presence and character of the cocaine and it was subject to his dominion and control; the incriminating evidence was sufficient for the court to find appellant's hypothesis of innocence unreasonable

0592223 Timothy Wayne Jones v. Commonwealth of Virginia 07/05/2023
Trial court did not err in convicting appellant of statutory burglary in violation of Code § 18.2-91; evidence was sufficient to show appellant deliberately and maliciously fired a gun to intimidate the victim before holding the gun to her head, thus providing sufficient evidence to convict him of maliciously shooting a firearm within an occupied building, Code § 18.2-279

0806222 Jamie Scott Beardsley v. Lindsay Marie Tolen 07/05/2023
Trial court did not err in finding that LPL #4765 was marital property as appellant was unable to meet his burden of proof that it was funded by separate property, Code § 20.107.3(A); no abuse of discretion in court's decision to award attorney fees to appellee considering the totality of the circumstances

0950222 Letonya Leshelle Roane v. Commonwealth of Virginia 07/05/2023
Trial court did not abuse its discretion by convicting appellant instead of taking her case under advisement after she entered a plea of no contest to carnal knowledge, Code § 18.2-63

1003224 Antonio Lamont Gunn v. Commonwealth of Virginia 07/05/2023
Judgment affirmed as appellant's argument that the Commonwealth failed to prove he operated a vehicle on a public highway is barred by Rule 5A:18

1152221 Holland Windell Butler, III v. James City County Department of Social Services 07/05/2023
Trial court did not err in terminating appellant's parental rights under Code § 16.1-283(C)(2) as the decision was in the best interest of the children, appellant offered no proof of nor definite plans for either employment or a stable and suitable residence for himself and the children upon his release from incarceration, and his cousin's home was not a suitable placement

1415221 Kelly Michael Vance v. Commonwealth of Virginia 07/05/2023
Trial court did not abuse its discretion when it sentenced appellant to the maximum term for his conviction for second-degree murder; trial court considered all of the evidence before it, including appellant's mitigation evidence, before imposing the sentence

1865224 Connie Marie Maxey, a/k/a Connie Marie Demers v. Commonwealth of Virginia 07/05/2023
Trial court did not abuse its discretion when it revoked appellant's previously suspended sentence and imposed a three year active sentence after she acquired new convictions during the suspension period; trial court properly weighed the mitigating evidence presented by appellant

0390221 Randy Lee Harris, Jr. v. Commonwealth of Virginia 06/27/2023
Trial court did not abuse its discretion when it revoked appellant's previously suspended sentence, reimposed and resuspended part of the sentence, and ordered him to serve the remaining four years of the sentence

0517224 Man K. Nguyen v. Commonwealth of Virginia 06/27/2023
Trial court did not err in convicting appellant of criminal contempt because the court retains common law authority to punish acts beyond those delineated in the contempt statute, Code § 18.2-456, so long as it affords the accused full plenary proceedings as in this case; record supports a finding that waiver of court-appointed counsel was clear and unequivocal

0571222 Anthony Michael Lochetto v. Commonwealth of Virginia 06/27/2023
Judgment affirmed where no constitutional speedy trial violation occurred and there was no error in the denial of appellant's motion to dismiss; evidence was sufficient to convict appellant of aggravated sexual battery; argument that evidence was insufficient to convict appellant of indecent liberties barred by Rules 5A:18 and 5A:20

0630224 Deborah Swarray v. Alexandria Department of Community and Human Services 06/27/2023
Trial court did not abuse its discretion by terminating appellant's parental rights as appellee had provided her with numerous services, but she only belatedly committed to trauma therapy and needed an additional six months of treatment and she had not resolved her substance abuse nor demonstrated sufficient stability to progress from unsupervised visitation, Code § 16.1-283(C)(2)

0677222 Matthew William NewBergere v. Commonwealth of Virginia 06/27/2023
Judgment affirmed as there was no abuse of discretion in allowing a witness to testify as an expert; no abuse of discretion in admitting witness' prior consistent statements; challenge to sufficiency of the evidence as to indecent liberties charges barred by Rule 5A:18; evidence sufficient to convict appellant of other charges; no error in admitting screenshots of texts

0808224 Larry J. Austin and Roy E. Hahn v. John E. Williams and Law Office of John E. Williams 06/27/2023
Judgment affirmed as a timely-filed transcript of the trial and related proceedings, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellants' assignments of error, Rule 5A:8(b)(4)(ii)

0832224 John E. Williams and Law Office of John E. Williams, Esq v. Larry J. Austin, et al. 06/27/2023
Judgment affirmed as a timely-filed transcript of the trial and related proceedings, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellants' assignments of error, Rule 5A:8(b)(4)(ii)

0894224 Russell Clinton Smith, Jr. v. Alexandria Department of Community and Human Services 06/27/2023
Judgment affirmed as argument that court should not have admitted two CASA reports into evidence barred by Rule 5A:18; any potential error as to the admission of the parental capacity assessments was harmless; no error in terminating appellant's parental rights and approving foster care goal of adoption, Code § 16.1-283(C)(2); remanded for court to correct clerical error

0938221 Theodore Weaver, Jr. v. Commonwealth of Virginia 06/27/2023
Trial court did not err in convicting appellant and rejecting his assertion that he was a victim of the crimes rather than the perpetrator where the Commonwealth presented overwhelming evidence of appellant's culpability

0989223 Kanesha Pittman v. Roanoke City Department of Social Services 06/27/2023
Trial court did not err in approving the removal of the children from their home and finding that appellee proved by a preponderance of the evidence that the children were abused or neglected, Code § 16.1-252

0996222 Jayquan Shemar Granderson v. Commonwealth of Virginia 06/27/2023
Trial court did not err in denying appellant's motion to suppress the evidence as reasonable suspicion supported the investigatory stop and accompanying pat down that led to the discovery of a firearm and cocaine and the arrest was supported by probable cause

1121221 Joseph Ryans Schwalm v. Commonwealth of Virginia 06/27/2023
Judgment affirmed as there was no abuse of discretion by court in admitting testimony pursuant to Code § 19.2-268.3; argument that the evidence was insufficient to convict appellant barred by Rule 5A:18 and ends of justice exception does not apply

1306221 Seth Ashton Ramirez v. Commonwealth of Virginia 06/27/2023
Trial court did not abuse its discretion by revoking appellant's suspended sentences and reimposing three years of incarceration when he committed multiple larceny offenses, including grand larceny, while on probation

1388224 Fairfax County v. Scott Halisky 06/27/2023
Award affirmed as the Commission's findings were based on credible evidence and medical testimony

1675222 Marvin Maurice Mundy v. Commonwealth of Virginia 06/27/2023
Judgment affirmed as a timely-filed transcript of the August 18, 2022 hearing, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant's claims on appeal, Rule 5A:8(b)(4)(ii)

1699224 Bahaa O. Elfiky v. McLean Crest Homeowners Association, Inc. 06/27/2023
Judgment affirmed as a timely-filed transcript of the September 15, 2022 hearing, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant's arguments on appeal, Rule 5A:8(b)(4)(ii)

1727221 James Walter Spriggs, IV v. Commonwealth of Virginia 06/27/2023
Trial court did not abuse its discretion when it considered appellant's potential for rehabilitation and the circumstances of the offense and explained why it imposed a sentence above the range recommended by the discretionary sentencing guidelines

1833221 Louis A. McMiller v. Commonwealth of Virginia 06/27/2023
Trial court did not abuse its discretion in revoking appellant's suspended sentences where he was found in possession of a firearm within one year of his release into probation after a conviction for voluntary manslaughter involving a firearm

0175221 H. Cliff Page, Jr. v. Portsmouth Redevelopment and Housing Authority 06/20/2023
Judgment affirmed as trial court did not err in holding an evidentiary hearing on the plea in bar of sovereign immunity and appellant is not entitled to a new hearing before a jury; no error in granting the plea in bar as appellant did not plead gross negligence by the appellee; no error in ruling that appellee's demolition of its own building was protected by sovereign immunity

0238222 Jamal Timothy Williams v. Commonwealth of Virginia 06/20/2023
Trial court did not err in denying motion to suppress as Code § 4.1-1302(A) did not apply retroactively, the "plain view" warrant exception was satisfied, and the officer had probable cause to expand his inventory search; no abuse of discretion in admitting detective's expert testimony; evidence was sufficient to convict appellant of possession with intent to distribute

0382221 Christian Sayers v. Commonwealth of Virginia 06/20/2023
Trial court did not err in finding the evidence that there was a conspiratorial agreement was sufficient to convict appellant of conspiracy to commit grand larceny; evidence was also sufficient to establish appellant and another man acted in concert of action such that appellant was a principal in the second degree for grand larceny

0724223 Kyle Bradley Moore v. Commonwealth of Virginia 06/20/2023
Trial court did not abuse its discretion in denying appellant's motion to recuse the judge and motion to recuse the local Commonwealth's Attorney's office; no abuse of discretion in allowing evidence of prior bad acts by appellant, qualifying a certain expert witness, or admitting an audio recording of the victim and photographs; evidence was sufficient to convict for strangulation

0856222 Robert Lee Webster v. Commonwealth of Virginia 06/20/2023
Trial court did not abuse its discretion by determining that a fingerprint was not admissible as evidence of third-party guilt and excluding that evidence; no error in finding evidence was sufficient to convict appellant based on a combination of cell phone records, specific testimony, and appellant's multiple attempts to conceal his guilt as well as other actions

0907222 Nasim Jackson v. Commonwealth of Virginia 06/20/2023
Trial court did not err in denying appellant's motion to strike and convicting him of attempted carjacking; no error in refusal to reduce the aggravated malicious wounding charge to malicious wounding; no error in convicting appellant of two counts of use of a firearm as evidence was sufficient to prove he committed the predicate felonies

0918223 Chal'lia Sharee Johnson v. Commonwealth of Virginia 06/20/2023
Trial court did not err in finding that appellant kicked Officer Robinson on the sidewalk in an angry or rude manner sufficient to convict her of assault and battery, Code § 18.2-57

1032224 Everett William Schwartz v. Commonwealth of Virginia 06/20/2023
Trial court did not err in convicting appellant of conspiracy to possess a Schedule I or II controlled substance with intent to distribute where the totality of the evidence was sufficient to conclude that appellant's companions knew contraband was hidden in the vehicle and were engaged in a conspiracy with him to sell it

1107223 Codi Shawn Dunbar v. Commonwealth of Virginia 06/20/2023
Judgment affirmed as appellant's argument that the evidence failed to prove he acted with malice is barred by Rule 5A:18; no error where court convicted appellant of first-degree murder and use of a firearm as a reasonable jury could infer appellant intentionally and deliberately fatally shot the victim

1149222 Tyjuan Decourtland Epps v. Commonwealth of Virginia 06/20/2023
Judgment affirmed as argument that court erred in granting a hearsay objection for a statement that was not hearsay is barred by Rule 5A:18; no error in granting the hearsay objection as the statements did not qualify as excited utterances

1266223 David Wayne Anderson v. Commonwealth of Virginia 06/20/2023
Judgment reversed and case remanded because trial court refused appellant's motion to vacate his 2019 convictions for possession of child pornography, but the court lacked subject matter jurisdiction to grant the relief sought, Rule 1:1(a), and should have dismissed appellant's motion for that reason

1328222 Octavian Javon Holcomb v. Commonwealth of Virginia 06/20/2023
Trial court did not abuse its discretion or give inappropriate weight to appellant's new conviction for petit larceny and factors "cited by the Commonwealth" when it revoked his previously suspended sentences and resuspended all except three years

1531224 Jason Patrick Phillips v. Commonwealth of Virginia 06/20/2023
Judgment affirmed as a timely-filed transcript of the suppression hearing and trial, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant's assignment of error, Rule 5A:8(b)(4)(ii)

1913221 Marco Antrione Cherry, Jr. v. Commonwealth of Virginia 06/20/2023
Trial court did not abuse its discretion in revoking appellant's previously suspended sentences after he repeatedly failed to appear for scheduled appointments with his probation officer and made no payments toward court costs; no abuse of discretion in imposing a 6-month active sentence for the violations

1917222 Carlton Andrew Vaughan, III v. Commonwealth of Virginia 06/20/2023
Trial court did not abuse its discretion in revoking appellant's previously suspended sentences and imposing the balance to serve after finding appellant was not amenable to rehabilitation

0241222 Tynicia Althea Cox v. Commonwealth of Virginia 06/13/2023
Trial court did not err in finding sufficient evidence to convict appellant of conspiracy to distribute and distribution of a Schedule I or II substance based on testimony that it deemed highly credible, notwithstanding any self-serving motive the witness may have had, and other evidence presented at trial

0337222 Ronnie Edward Crack v. Commonwealth of Virginia 06/13/2023
Trial court did not abuse its discretion in finding prior sexual acts proffered by appellant were too remote from the charged offense to be admissible pursuant to the Rape Shield Statute, Code § 18.2-67.7; evidence was sufficient to convict appellant of rape

0373221 Ronald James Williams, Jr. v. Commonwealth of Virginia 06/13/2023
Judgment affirmed as argument that court erred in admitting forensic interview video and victim's letter is barred by Rule 5A:18; evidence was sufficient to convict appellant of the charges against him; argument that a mandatory life sentence is cruel and unusual punishment is waived; any error in the sentencing process would be harmless

0484223 Kevin Thomas King v. Commonwealth of Virginia 06/13/2023
Trial court did not err in convicting appellant of unauthorized use of a vehicle as there was ample evidence to support the finding that the complaining witness owned the vehicle and refused appellant's request to use the vehicle, Code § 18.2-102

0694224 Michael Adrian Woodley v. Commonwealth of Virginia 06/13/2023
Trial court did not abuse its discretion in revoking the balance of appellant's previously suspended time and ordering that it be served in its entirety after considering mitigating and aggravating factors

0815224 Rita M. Leach-Lewis, etc. v. Board of Supervisors of Fairfax County, Virginia 06/13/2023
Judgment reversed and case remanded to the trial court with direction to further remand to the Board of Zoning Appeals for it to determine whether Fairfax County Zoning Ordinance § 18-901(4) was violated as part of the BZA's review of violation notices issued against appellant

0846221 Scott Edward Pease v. Commonwealth of Virginia 06/13/2023
Judgment affirmed as there was no abuse of discretion in denying motion to prohibit all Commonwealth witnesses from testifying due to a discovery violation, Rule 3A:11, or failure to impose other penalties not requested at trial, Rule 5A:18; evidence sufficient to convict appellant of strangulation; argument regarding violation of protective order barred by Rule 5A:18

0847224 Tanes Omar Torres Romero v. Commonwealth of Virginia 06/13/2023
Trial court did not commit manifest error by denying appellant's motion to strike a juror for cause; no abuse of discretion by court in permitting introduction of evidence of appellant's prior bad acts as the testimony had legitimate probative value; any possible error in admission of exhibit 4 (certificate of analysis) was harmless

0959224 Mark A. V. Rackham and Olga M. Rackham v. Basheer/Edgemoore-Properties, L.L.C. 06/13/2023
Trial court did not err by dismissing appellants' case with prejudice as the perfection of their appeal from the general district court judgment and subsequent pre-trial nonsuit in circuit court did not annul that judgment as all the relevant proceedings took place before Code § 8.01-380 was amended to include subsection F and the subsequent complaint was barred by res judicata

1065221 Austin E. Kersey v. Commonwealth of Virginia 06/13/2023
Trial court did not abuse its discretion in weighing appellant's mitigating evidence against significant aggravating facts when imposing a sentence of one year and four months of active incarceration for his probation violation

1074224 Steve Gaskins, Roland Smith, Mike Manfredi, Kevin Elwell and Adam Jeantet v. McLean Bible Church 06/13/2023
Judgment affirmed in part as the court properly found that appellants' request to reconfigure and re-do the 2021 election of church elders is moot; judgment reversed in part as appellants' claims of ongoing violations as to elections are not moot and case remanded for court to address claims of disenfranchisement of members, transparency and notice, and a secret ballot dispute

1215224 James Sisco v. Elizabeth Sisco 06/13/2023
Judgment affirmed as a timely-filed transcript of the May 23 and 24, 2022 hearing, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant's assignments of error, Rule 5A:8(b)(4)(ii)

1231224 Felicia Holley-Poole v. Commonwealth of Virginia 06/13/2023
Trial court did not abuse its discretion in weighing the mitigating and aggravating factors and crafting its sentence of 180 days in jail with 120 days suspended for driving on a suspended license, Code § 18.2-272

1327222 Athena M. Laxamana-Pascua v. Jimmuel D. Pascua 06/13/2023
Judgment affirmed as a timely-filed transcript of the August 3, 2022 hearing, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant's first assignment of error, Rule 5A:8(b)(4)(ii); record contains no order ruling on the post-trial motion and the second assignment of error is therefore barred by Rule 5A:18

1555223 Lance C. Brooks v. Commonwealth of Virginia 06/13/2023
Trial court did not abuse its discretion in revoking appellant's previously suspended sentences, imposing an active sentence of six years and eight months, and resuspending the remaining time based upon appellant's conviction of possession with intent to distribute a controlled substance while incarcerated, Code § 19.2-306(A)

1631221 Kari Gamaliel Barnes v. Commonwealth of Virginia 06/13/2023
Judgment affirmed where appellant's argument that the trial court used improper sentencing guidelines is barred by Rule 5A:18

0176223 Sheri Lynn Heisel-Udell v. Commonwealth of Virginia 06/06/2023
Judgment affirmed where any potential error in admitting the exhibits at issue under the business records exception to the hearsay rule was harmless; no error in trial court's finding that the evidence was sufficient to sustain the conviction for receiving stolen property, Code § 18.2-108

0178221 Shakir Holley v. Commonwealth of Virginia 06/06/2023
Trial court did not err in finding sufficient evidence to convict appellant of possession of a firearm as a convicted violent felon where the officer who approached appellant's vehicle found him alone and asleep in the driver's seat with the firearm in his lap, Code § 18.2-308.2

0380221 Robert Lee Coates v. Commonwealth of Virginia 06/06/2023
Trial court did not err in finding sufficient evidence that appellant intentionally killed the victim and acted with malice and premeditation and in convicting appellant of murder; no abuse of discretion by court in denying a motion for continuance on the trial date

0489221 Robert George Cahill, Jr. v. Commonwealth of Virginia 06/06/2023
Judgment affirmed as appellant's argument that he did not enter his guilty plea voluntarily, knowingly, and intelligently is barred by Rule 5A:18 because he had the opportunity to withdraw the guilty plea but elected not to do so; the good-cause and ends-of-justice exceptions do not apply; no abuse of discretion in the sentence imposed by the trial court

0660224 Defonties Mandele Anderson v. Commonwealth of Virginia 06/06/2023
Trial court erred in imposing a sentence of eight months of active incarceration for a violation of probation that is treated as a second technical violation; judgment reversed and case remanded for trial court to reconsider the amount of the sentence it is revoking and impose an active incarceration term no longer than the fourteen days allowed under Code § 19.2-306.1

0735222 Torman Devon Mack, Sr. s/k/a Tormon Devon Mack v. Commonwealth of Virginia 06/06/2023
Trial court did not abuse its discretion in revoking appellant's previously suspended sentence after he was convicted of a new charge during the probation period and repeatedly failed to cooperate with his probation officer; court considered all of the evidence presented and did not abuse its discretion in weighing the mitigation evidence against other factors

0842224 Andrew Hye Soung Lee v. Commonwealth of Virginia 06/06/2023
Judgment affirmed as trial court did not err in denying appellant's motion to strike a juror for cause; argument that denial of motion to set aside the verdict on the ground that Virginia case law creates an unconstitutional mandatory presumption that an act taken against the victim's will is an act of force barred by Rule 5A:20(c)(1); evidence sufficient to convict appellant of rape

1027224 Joseph Paul Forest, Jr. v. Commonwealth of Virginia 06/06/2023
Trial court did not abuse its discretion in revoking appellant's probation after he was convicted of a new crime, absconded from supervision, and failed to complete a drug court program; no abuse of discretion in court's sentence imposing the balance of appellant's suspended time

1035223 Kayla Danielle Moore, a/k/a Kayla Danielle Wood v. Commonwealth of Virginia 06/06/2023
Judgment affirmed as trial court did not err in finding sufficient evidence to convict appellant of possession with intent to distribute methamphetamine; no abuse of discretion when court denied appellant's continuance request; no abuse of discretion in court's imposition of an active sentence of 8 years and 12 months

1086221 Jerrod Demonte Vines v. Commonwealth of Virginia 06/06/2023
Trial court did not abuse its discretion in sentencing appellant to three years of active incarceration even though his new conviction was a traffic misdemeanor; court balanced appellant's mitigation evidence against significant aggravating factors when imposing the sentence

1091221 DeMarcus Malik Mackey v. Commonwealth of Virginia 06/06/2023
Trial court did not err in considering evidence at sentencing related to facts underlying the malicious wounding charge for which appellant was acquitted; evidence was sufficient to prove appellant was one of the perpetrators; no error in rejecting appellant's proffered curative instruction

1108223 Wiliam Joseph Larue v. Commonwealth of Virginia 06/06/2023
Trial court did not abuse its discretion in imposing a life sentence for appellant's conviction of forcible sodomy on a victim less than 13 years of age as the sentence does not violate the Eighth Amendment's prohibition on cruel and unusual punishment

1334223 Estate of Clarence Hilliard Rothe v. Centra Health, Inc. 06/06/2023
Judgment affirmed as a timely-filed transcript, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant's assignments of error, Rule 5A:8(b)(4)(ii)

1343221 Gerard Bunn v. Commonwealth of Virginia 06/06/2023
Trial court did not abuse its discretion when it revoked appellant's previously suspended time and resuspended one year after weighing the mitigating evidence against other factors

1473223 Aaron Michael Jackson v. Commonwealth of Virginia 06/06/2023
Trial court did not abuse its discretion in sentencing appellant at the upper end of the guidelines' recommendation; court heard appellant's mitigating evidence and balanced it against the seriousness of the crime and appellant's statements in his presentence report and at his sentencing hearing before imposing the sentence

1715222 April D. Gallop v. Cameron Bay Homeowners Association 06/06/2023
Trial court did not err in holding appellant's appeal from the general district court's denial of her motion to set aside default judgment was not from a final order or judgment and therefore it lacked jurisdiction over the appeal

1730223 Shounques Bynum v. Commonwealth of Virginia 06/06/2023
Trial court did not abuse its discretion when it entered a nunc pro tunc order recording the grand jury's return of indictments against appellant, Code § 8.01-428(B)

1803221 Oksana Marinaro v. Zimmer & Lewis Attorney and Counsellors at Law 06/06/2023
Judgment affirmed as appellant's arguments that the trial court erred in ruling it did not have jurisdiction to consider her appeal from the general district court and failing to set aside the district court's judgment are barred by Rule 5A:18

1823224 Derek Trinidad Blockhus v. Maria Del Mar Tortajada 06/06/2023
Judgment affirmed as a timely-filed transcript of the August 15, 2022 hearing, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant's assignments of error, Rule 5A:8(b)(4)(ii)

0033222 Emer Gonzalez-Estrada, s/k/a Emer Gonzalez Estrada v. Commonwealth of Virginia 05/30/2023
Judgment affirmed as trial court did not err in denying appellant's motion to suppress his statements to detectives; any error in admitting contested photos of complaining witnesses was harmless; evidence was sufficient to convict appellant as testimonial evidence in support was not inherently incredible

0221222 Paul Joseph Franklin v. Commonwealth of Virginia 05/30/2023
Trial court did not err in convicting appellant of felony petit larceny as the repeal of Code § 18.2-104 was not retroactive; no error in denying motion to dismiss the enhanced punishment under Code § 18.2-104 as appellant failed to adequately raise a procedural due process concern

0305223 Desiree Valencia Osby (Lucas) v. Department of Social Services of Alleghany County 05/30/2023
Trial court did not abuse its discretion in terminating appellant's parental rights under Code § 16.1-283(B)

0306223 Desiree Valencia Osby (Lucas) v. Department of Social Services of Alleghany County 05/30/2023
Trial court did not abuse its discretion in terminating appellant's parental rights under Code § 16.1-283(B)

0551223 Celeste Marie Sizemore v. Commonwealth of Virginia 05/30/2023
Judgment affirmed where appellant's argument that the trial court abused its discretion in sentencing her to active incarceration for a new charge and by revoking her suspended sentences and imposing an additional active incarceration term is barred by Rule 5A:18; ends of justice exception is not invoked as there is no suggestion that a miscarriage of justice occurred

0619223 Nathaniel Wade Lawson v. Wise County Department of Social Services 05/30/2023
Trial court did not err in finding that termination of appellant's parental rights was in child's best interests and in terminating those rights under Code § 16.1-283(E)(i)

0638221 Mary Anne Waddell, f/k/a Mary Waddell Miller v. Matthew G. Miller 05/30/2023
Trial court did not err in its valuation of Waterway Warehouse; no error by court when it did not value KMD Fiber, Coastal Virginia Crane & Rigging, and Inland Marine after finding the evidence was unreliable and insufficient for determining value at the time of the hearing

0646221 Matthew G. Miller v. Mary Anne Waddell, f/k/a Mary Waddell Miller 05/30/2023
Judgment affirmed as trial court did not err in applying Code § 20-107.2 to the credit card debt; argument that court erred by refusing to classify the business expenses on the credit cards as marital debt barred by Rule 5A:20; appellant did not provide sufficient evidence to demonstrate court erred by failing to award him credit or compensation for any payments on marital debts

0656221 Jessie Alan Dyer, II v. Commonwealth of Virginia 05/30/2023
Trial court did not err in convicting appellant of object sexual penetration and aggravated sexual battery of a child under the age of thirteen where the evidence was competent, not inherently incredible, and sufficient for the convictions, Code §§ 18.2-67.2(A)(1) and 18.2-67.3

0942221 Brandon Rahsaan Moore v. Commonwealth of Virginia 05/30/2023
Trial court did not err in finding Code §§ 46.2-1003(C) and 4.1-1302(A) were not retroactive and denying appellant's motion in limine seeking to exclude evidence obtained as a result of a stop and search

0958222 Jacob Lampkins v. Commonwealth of Virginia 05/30/2023
Judgment affirmed as a timely-filed transcript, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant's assignments of error, Rule 5A:8(b)(4)(ii)

0959213 Xavier Antcnio Gilbert v. Commonwealth of Virginia 05/30/2023
Judgment affirmed as there was no error in denying appellant's motion to suppress his statement to police as he was not in custody when interviewed; evidence was sufficient to convict appellant of charged offenses; arguments as to sufficiency of the evidence related to armed burglary and felony use of a firearm are barred by Rule 5A:18; no abuse of discretion as to sentencing

1005223 Deborah Anne Coleman v. Commonwealth of Virginia 05/30/2023
Trial court did not abuse its discretion when it sentenced appellant to 18 years of active incarceration as the sentence was within the terms of the written plea agreement and sentencing range set by the legislature; record demonstrates that the court heard appellant's mitigating evidence and balanced it against other evidence when considering the sentence

1206222 Martin Maurice Yates v. Buckingham County Department Social Services 05/30/2023
Judgment affirmed where trial court terminated appellant's parental rights pursuant to Code § 16.1-283(B) and (E)(iv) but he only challenges termination pursuant to Code § 16.1-283(C)(2); considering totality of the circumstances, trial court could correctly find it was in the child's best interests to terminate appellant's parental rights pursuant to Code § 16.1-283(B)

1366211 Cy Bailey, Sr. v. City of Norfolk Department of Human Services 05/30/2023
Judgment affirmed where appellant's argument that trial court violated his due process rights when it approved the foster care goal of adoption/relative placement is barred by Rule 5A:20; no error in court's termination of appellant's parental rights pursuant to Code § 16.1-283(C)(2)

1415211 Stephen Lamar Garrick v. Commonwealth of Virginia 05/30/2023
Judgment reversed as, assuming without deciding that the trial court properly denied appellant's motion to suppress, the evidence was insufficient to establish appellant possessed the contraband discovered in the vehicle

1672222 Richard Chase Maher v. Commonwealth of Virginia 05/30/2023
Judgment affirmed as appellant's arguments that the evidence was insufficient to convict him of assault and battery of a family member and strangulation are barred by Rule 5A:18

0087233 Commonwealth of Virginia v. Jacob Ryan Tolley 05/23/2023
Judgment reversed and case remanded where trial court erred by disregarding the objective circumstances justifying the investigatory stop and basing its decision on the investigator's state of mind when it granted appellee's motion to suppress evidence

0189223 James Edward Fultz, IV v. Commonwealth of Virginia 05/23/2023
The trial court did not err in refusing to strike Juror 10 for cause; no error in court's denial of appellant's motion to strike the first-degree murder and robbery charges based on the evidence presented to the jury

0314224 LeeAnn S. Dance v. Glenn Dance 05/23/2023
Judgment affirmed in part as trial court did not err in ordering husband to deduct his tax rate from his payment to appellant as he was the party directly receiving the funds; no error in the amount of attorney fees granted appellant; judgment reversed in part as to the court's grant of attorney fees to husband based upon appellant's rule to show cause

0315224 Glenn Dance v. LeeAnn S. Dance 05/23/2023
Trial court did not err in finding appellant violated the PSA by not disclosing the profit-sharing plan portion of his pension; no error in court's failure to hold an equitable distribution hearing on the profit-sharing plan; no error in court's ruling on which tax rate should be deducted from wife's share; no abuse of discretion where court did not apply the tax deduction retroactively

0504221 Jeffrey Lamont Harris, s/k/a Jeffrey Lamonte Harris v. Commonwealth of Virginia 05/23/2023
Trial court did not abuse its discretion by admitting testimony based on an out-of-state probation officer's case notes as there existed sufficient guarantees of trustworthiness; no abuse of discretion in the sentence imposed by the court

0712222 Herbert William Jones, Jr. v. Commonwealth of Virginia 05/23/2023
Trial court did not abuse its discretion in excluding testimony of one of appellant's expert witnesses regarding the accuracy of his GPS ankle monitor as it was cumulative; no error in finding evidence sufficient to convict appellant of breaking and entering and two counts of petit larceny

0755222 Dayomic Jackie Smith v. Commonwealth of Virginia 05/23/2023
Trial court did not abuse its discretion when it imposed the balance of appellant's previously suspended sentence as appellant's disregard of the terms of his suspended sentence supports a finding that he was not amenable to rehabilitation

0778224 Elizabeth Haring v. The Bank of New York Mellon, etc. 05/23/2023
Judgment affirmed as assignments of error 1-3 are barred by Rule 5A:6(a); trial court did not err in awarding the appeal bond to appellee

0817223 Richard Lee Evans, II v. Commonwealth of Virginia 05/23/2023
Trial court did not err in finding sufficient evidence to convict appellant of assault and battery

0957212 Parker Keefe Pappas v. Nicolle Van Allen and Francis Van Allen 05/23/2023
Judgment affirmed as argument that trial court erred in applying a preponderance of the evidence standard in ruling appellant was withholding consent to the adoption contrary to the best interests of the children, Code §§ 63.2-1203 and -1205, is barred by Rule 5A:18 plus court ultimately applied the correct evidentiary standard; court properly considered Code § 63.2-1205 factors

0969223 Markese Antonio Graham v. Commonwealth of Virginia 05/23/2023
Trial court did not abuse its discretion in admitting victim's son's statement under the excited-utterance exception to the hearsay rule; no abuse of discretion in permitting Commonwealth to introduce a 911 call to rehabilitate victim's credibility; evidence was sufficient to convict appellant of offenses as victim's testimony was not inherently incredible

0981212 Jenna Van Allen v. Nicolle Van Allen and Francis Van Allen 05/23/2023
Judgment affirmed as argument that trial court erred in applying a preponderance of the evidence standard in ruling appellant was withholding consent to the adoption contrary to the best interests of the children, Code §§ 63.2-1203 and -1205, is barred by Rule 5A:18 plus court ultimately applied the correct evidentiary standard; court properly considered Code § 63.2-1205 factors

0998223 Timothy Lee Coles v. Commonwealth of Virginia 05/23/2023
Judgment affirmed as a timely-filed transcript, or written statement of facts in lieu of a transcript, of the forfeiture hearing is necessary to permit a review of the merits of appellant's assignments of error, Rule 5A:8(b)(4)(ii)

1395224 Albert Davis Williams v. Commonwealth of Virginia 05/23/2023
Trial court did not err in finding evidence was sufficient to convict appellant of robbery, Code § 18.2-58; no abuse of discretion in court's imposition of a 12-year active sentence for the robbery

1704224 Sujata Das v. Yanzhe Wang and Metropolitan Property and Casualty Insurance Company 05/23/2023
Judgment affirmed as timely-filed transcripts, or written statement of facts in lieu of a transcript, of the September 2, 2022 hearing and October 11-12, 2022 trial are necessary to permit a review of the merits of appellant's assignments of error, Rule 5A:8(b)(4)(ii)

1726222 Aaron Otis Peters v. Commonwealth of Virginia 05/23/2023
Trial court did not abuse its discretion when it imposed the balance of appellant's previously suspended sentence as it appeared to have determined appellant's extensive criminal history and repeated probation violations heavily outweighed the mitigating factors

1755223 Riley D. Thornock and Rebecca J. Thornock v. Bedford County 05/23/2023
Judgment affirmed as a timely-filed transcript, or compliant written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellants' assignment of error, Rule 5A:8(b)(4)(ii)

0128223 Mohammed Sabri Laylani v. Commonwealth of Virginia 05/16/2023
Trial court did not err in finding evidence was sufficient to convict appellant of rape and sodomy; argument that court did not allow enough time to find an appropriate interpreter for a witness barred by Rule 5A:18

0154222 Dwayne Ottis Dalton v. Commonwealth of Virginia 05/16/2023
Trial court did not err in rejecting appellant's hypothesis of innocence considering the totality of the evidence; evidence was sufficient to convict appellant of possession of methamphetamine, forgery of bank notes, and uttering of forged notes, Code §§ 18.2-250, 18.2-173, and 18.2-170

0198224 Sharon Elizabeth Furr v. Tamara Al-Saray 05/16/2023
Judgment reversed where there were multiple possible proximate causes of the accident but no evidence upon which a jury could base a finding on the issue of causation, therefore the trial court erred in denying appellant's motion to strike and subsequent motion to set aside the jury's verdict

0223222 Charles Edmond Coleman, III, s/k/a Charles Edmund Coleman, III v. Commonwealth of Virginia 05/16/2023
Trial court did not abuse its discretion in permitting a joint trial of appellant and co-defendant; no error in finding sufficient evidence to prove appellant's participation in the crimes; pursuant to Rule 1:1, the trial court did not have jurisdiction to consider appellant's post-conviction motion to stay his convictions

0393222 Christian Arpad Petrovics v. Commonwealth of Virginia 05/16/2023
Trial court did not abuse its discretion in finding that a transcript prepared by someone other than a court reporter was not self-authenticating and could be used to refresh a witness' recollection, but could not be used to impeach a witness at trial; trial court did not err in finding evidence was sufficient to convict appellant of the charged offenses

0430221 Jermaine M. Capel v. Commonwealth of Virginia 05/16/2023
Judgment affirmed where argument that appellant was denied his Sixth Amendment right to confront witnesses is barred by Rule 5A:18; ends of justice exception is inapplicable as appellant fails to show that a miscarriage of justice occurred

0564221 Wendell Wyndale Wilson v. Commonwealth of Virginia 05/16/2023
Trial court did not err in finding appellant in contempt of court for failure to comply with a court order in violation of Code § 18.2-456

0586223 Jzharey Lequante Jones v. Commonwealth of Virginia 05/16/2023
Trial court did not abuse its discretion in denying appellant's motions to set aside the verdict that argued the court should have allowed him to use prior inconsistent statements to impeach the victim as an adverse witness; trial court did not err when it found evidence was sufficient to convict appellant of strangulation and domestic assault and battery

0597221 Mack Tyson Regis v. Commonwealth of Virginia 05/16/2023
Trial court did not err in finding evidence sufficient to convict appellant of abduction, Code § 18.2-47, and malicious wounding, Code § 18.2-51

0689221 William Greatheart, Jr. v. City of Hampton 05/16/2023
No error in Commission's rejection of appellant's claim challenging a medical payment shortfall

0702222 Jennifer Darnell Proctor v. Commonwealth of Virginia 05/16/2023
Trial court did not err in finding evidence was sufficient to convict appellant of destruction of property

0758223 Michael A. Hullings v. Commonwealth of Virginia 05/16/2023
Trial court did not abuse its discretion by revoking and imposing the balance of appellant's suspended sentences as he was non-compliant with the terms and conditions of his probation and had shown significant aggression towards law enforcement officers

0761223 Amanda Hope Miller v. Washington County Department of Social 05/16/2023
Trial court did not err in finding the foster care goal of adoption was appropriate where the Department of Social Services made reasonable efforts to reunite the children with appellant and in concluding that the permanency planning goal of adoption was in the children's best interests

0806211 Michael Earl Jones v. City of Suffolk 05/16/2023
Trial court did not err in finding appellant guilty of reckless driving where the testimony of witnesses and other evidence provided sufficient evidence that appellant's recklessness caused the accident

0853224 Michael Powell v. Melanie Knoepfler-Powell 05/16/2023
Trial court did not abuse its discretion in denying appellant's motion to modify the custody and visitation order and in granting mother decision-making authority regarding child's medical care, Code § 20-124.3; arguments about admission of child's notes as a demonstrative exhibit and factual statements by counsel barred by Rule 5A:18

0988221 Brineatay Brownson v. Commonwealth of Virginia 05/16/2023
Trial court did not err in denying appellant's motion to suppress the evidence because the totality of the circumstances gave the officers reasonable, articulable suspicion of appellant's criminal activity justifying his detention

0999223 Eric L. Bolden v. Commonwealth of Virginia 05/16/2023
Trial court did not err in ruling that Code § 46.2-1013(B) does not apply retroactively; no error by court in denying the motion in limine nor in determining that the evidence was sufficient to convict appellant of possession of a firearm by a violent felon

1297224 Sunil Nasim v. Commonwealth of Virginia 05/16/2023
Trial court did not abuse its discretion in denying appellant's motion for reconsideration of his sentence filed pursuant to Code § 19.2-303

1400224 Michael Jerome Ratliff, s/k/a Michael Jerome Ratliff, Jr. v. Commonwealth of Virginia 05/16/2023
Trial court did not abuse its discretion in imposing a four-year active sentence after appellant entered guilty pleas to various offenses and after it considered the evidence, including appellant's mitigating evidence

1420223 Charles Edward Cubbage, Jr. v. Commonwealth of Virginia 05/16/2023
Trial court did not abuse its discretion in sentencing appellant on his probation violation after weighing all the circumstances and imposing a sentence within the prescribed statutory scheme

1650224 Javon Williams, s/k/a Javon A. Williams v. Commonwealth of Virginia 05/16/2023
Trial court did not abuse its discretion in revoking appellant's probation after he entered a guilty plea to possession of a firearm, imposing a 12-month active sentence, and running the sentence consecutive with the firearm sentence

1651224 Javon Williams, s/k/a Javon A. Williams v. Commonwealth of Virginia 05/16/2023
Judgment affirmed where appellant's argument that the factual proffer by the Commonwealth did not support his guilty plea to possession of a firearm by a convicted felon barred by Rule 5A:18

1695224 Smoke USA, Inc., et al. v. Nour Associates, L.L.C. and Mirweis Tarzi 05/16/2023
Judgment affirmed as a timely-filed transcript, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellants' assignments of error, Rule 5A:8(b)(4)(ii)

0628224 Antonio Mason Coyne v. Commonwealth of Virginia 05/09/2023
Judgment affirmed as a timely-filed transcript, or written statement of facts in lieu of a transcript, of the sentencing hearing is necessary to permit a review of the merits of appellant's assignments of error, Rule 5A:8(b)(4)(ii)

0742223 Sarah Elizabeth Walker v. Joseph Mark Walker and Maria Teresa Bria Walker 05/09/2023
Judgment affirmed as the record is insufficient to substantiate her assignment of error without the proffered testimony of appellant's missing witnesses

0881223 Camron Marquis Jeffries v. Commonwealth of Virginia 05/09/2023
Judgment affirmed as timely-filed transcripts of the plea and sentencing hearings, or a written statement of facts in lieu of the transcripts, are necessary to permit a review of the merits of appellant's assignment of error, Rule 5A:8(b)(4)(ii)

1217223 Keyon Da'Monta Petty v. Commonwealth of Virginia 05/09/2023
Judgment reversed and conviction vacated as evidence does not show that appellant interfered with or altered the rearview mirror of the car and his fingerprint on the mirror is not sufficient to conclude that appellant tampered with the vehicle pursuant to Code § 18.2-146

1248221 Walter Whitfield v. Commonwealth of Virginia 05/09/2023
Trial court did not err in determining it lacked jurisdiction to consider appellant's motion to vacate as the convictions at issue were not void

1332222 Jamie Jo Lundie v. Commonwealth of Virginia 05/09/2023
Judgment affirmed as a timely-filed transcript, or written statement of facts in lieu of a transcript, of appellant's May 3, 2022 sentencing and/or a complete transcript of the August 2, 2022 hearing on appellant's motion to modify sentence is necessary to permit a review of the merits of appellant's assignment of error, Rule 5A:8(b)(4)(ii)

1434222 Victor Matthew Thompson v. Commonwealth of Virginia 05/09/2023
Trial court did not err in finding appellant remains a sexually violent predator ineligible for conditional release, Code § 37.2-910

1458224 Vincent Colbert v. Martrell Spaight 05/09/2023
Judgment affirmed as a timely-filed transcript, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant's assignment of error and appellant only filed two partial transcripts from the three-day jury trial, Rule 5A:8(b)(4)(ii); in addition, appellant did not proffer the medical bills at issue in the appeal after they were excluded

1551224 David E. Sanjines Suarez, Karen F. Montano De Sanjines, et al. v. Ryan M. Donais 05/09/2023
Judgment affirmed as a timely-filed transcript, or written statement of facts in lieu of a transcript, of the June 3, 2022 hearing is necessary to permit a review of the merits of appellants' assignments of error, Rule 5A:8(b)(4)(ii)

0105223 Joseph Lee Loftis v. Commonwealth of Virginia 05/02/2023
Trial court did not err in finding evidence was sufficient to convict appellant of the charges against him; no abuse of discretion by limiting appellant's cross-examination of a witness; no error in denying appellant's motion for a mistrial because jury may have heard courtroom deputies discussing keys, thus impermissibly implying that appellant was in custody

0340221 Paul Sylvester Martin, Jr. v. Commonwealth of Virginia 05/02/2023
Trial court did not abuse its discretion when it revoked appellant's previously suspended sentence and imposed active incarceration as it considered mitigating factors presented by appellant; no abuse of discretion in denying appellant's motion to withdraw his "guilty plea" to probation violations

0577223 Nelson O�Neal Dews, II v. Commonwealth of Virginia 05/02/2023
Trial court did not err in finding the evidence was sufficient to convict appellant as the victim's testimony was not inherently incredible as a matter of law; no error in finding victim's testimony that her neck was red and sore the day after the incident was sufficient to demonstrate a bodily injury and support a conviction for strangulation

0640223 Angela Key Bennett, s/k/a, etc. v. Carroll County Department of Social Services 05/02/2023
Trial court did not abuse its discretion by denying appellant's motion to suspend its judgment; no error in terminating appellant's parental rights and approving the foster care goal of adoption, Code § 16.1-283(C)(2)

0642224 James Albert Aurilio v. Antonia Concepcion Aurilio 05/02/2023
Judgment affirmed as trial court did not err in its award of wife's spousal support amount, in determining the separation date, and in requiring life insurance policies be maintained; appellant cannot approbate and reprobate by arguing that court coerced him to pay wife's car loan; argument regarding wife's housing expenses barred by Rule 5A:18

0683224 Turner Ashby Camp No. 1567 (Sons of Confederate Veterans) v. County of Clarke, Virginia 05/02/2023
Trial court did not abuse its discretion by finding appellant's request for a discretionary award of the Association of the Survivors of the Clarke Cavalry's assets was not germane to the County's adverse possession suit and denying a motion to intervene and a motion for reconsideration, Code § 13.1-907

0719222 Nick Spanos, a/k/a Nickolas Spanos Spanoudis v. Gregory Panos, et al. 05/02/2023
Judgment affirmed as appellant's arguments asserted in his first two assignments of error are barred by Rule 5A:20(c)(2); appellant's argument that appellees' counsel was allowed to argue hearsay and false evidence is barred by Rule 5A:18; no abuse of discretion by court in denying appellant's motion to reopen case as untimely pursuant to Code § 8.01-428(A)

1510222 Veronica Hardy Everette and Loritha Maye Hayes, etc. v. Community Memorial Hospital, etc., et al. 05/02/2023
Judgment affirmed as a timely-filed transcript, or written statement of facts in lieu of a transcript, of the September 7, 2022 hearing is necessary to permit a review of the merits of appellants' assignment of error, Rule 5A:8(b)(4)(ii); appellants' assignment of error does not sufficiently raise their argument relating to the tolling effect of the 2020 judicial emergency orders

1955222 William Lester v. Commonwealth of Virginia 05/02/2023
Judgment affirmed as a timely-filed transcript, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant's assignment of error, Rule 5A:8(b)(4)(ii)

0127222 Montalla, LLC V. Commonwealth of Virginia, et al. 04/25/2023
Trial court did not err in sustaining the plea in bar of sovereign immunity to Counts I-III; no error in court's rejection of appellant's economic duress claim; appellant's allegations regarding breach of the underlying contracts and unconstitutional takings are barred; court did not abuse its discretion in denying appellant's motion to reconsider and motion to amend its pleading

0370222 Martin Edenilson Flores v. Commonwealth of Virginia 04/25/2023
Judgment affirmed as a timely-filed transcript, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant's assignment of error, Rule 5A:8(b)(4)(ii)

0437222 Alonzo Roger Jackson v. Commonwealth of Virginia 04/25/2023
Judgment affirmed where court admitted unredacted 2002 conviction and sentencing order as any error in failing to redact certain information was harmless; argument about trial court's potentially prejudicial statement barred by Rule 5A:18; no error in refusal of Jury Instruction A; evidence was sufficient to convict; no abuse of discretion in denying motion to set aside verdict

0482222 Kristen Inglese v. Albemarle County Department of Social Services 04/25/2023
Judgment affirmed as argument that appellee did not document that termination of parental rights was in the child's best interests is barred by Rule 5A:18 and the decision did not result in a miscarriage of justice; argument that termination was premature is moot; case remanded for court to address the basis for not granting custody to paternal grandmother, Code § 16.1-283(A)

0575221 Jamal Leander Thomas v. Commonwealth of Virginia 04/25/2023
Trial court did not err in convicting appellant of statutory burglary as the evidence was sufficient to prove beyond a reasonable doubt that he acted with the requisite intent, Code § 18.2-91

0612224 Nydia Blake and Rebecca Montalvo v. Marina Tamrit Couk 04/25/2023
Trial court did not err when it followed the procedures set forth in Code § 16.1-109(B)(ii) and remanded the case to the general district court to set and order a bond in compliance with Code § 16.1-107(A)

0681221 LaQuadric Kenez Pittman v. Commonwealth of Virginia 04/25/2023
Trial court did not err in admitting testimony as to the contents of a video even though it excluded the video from evidence; evidence was sufficient to convict appellant of conspiracy to obtain property by false pretenses and of obtaining property by false pretenses, Code §§ 18.2-22 and 18.2-178

0738222 Brandon Keith Browning v. Commonwealth of Virginia 04/25/2023
Trial court did not abuse its discretion by imposing an active sentence that exceeded the high-end recommendation of the sentencing guidelines where it considered the guidelines, the circumstances of the offense, the evidence presented, and appellant's statements before imposing a sentence within the statutory range, Code §§ 18.2-10(f) and 18.2-51

0791224 Eric Demetrius Campbell v. Commonwealth of Virginia 04/25/2023
Judgment reversed where trial court imposed special sex offender probation conditions on appellant when he had never been convicted of a sex offense and the trial court had expunged the criminal record indicating that he was charged with one; case remanded for further proceedings

0991221 Earl Louis Byers, II, etc., et al. v. Tamra Lynn Ducceschi and Amanda Rae Malbon 04/25/2023
Judgment affirmed as a timely-filed transcript, or written statement of facts in lieu of a transcript, of the May 31, 2022 hearing is necessary to permit a review of the merits of appellant's assignment of error, Rule 5A:8(b)(4)(ii)

1053223 Terry W. Glenn, s/k/a Terry Wayne Glenn v. Commonwealth of Virginia 04/25/2023
Trial court did not abuse its discretion by imposing a three-year probation term when sentencing appellant on a conviction of distribution of methamphetamine

1080223 William Reno Ray v. Commonwealth of Virginia 04/25/2023
Trial court did not abuse its discretion by denying appellant's continuance motion as he has not demonstrated prejudice resulting from the decision; no error in finding sufficient evidence to convict appellant of two counts of first degree murder

1365223 Winfred Dewayne Mullins v. Commonwealth of Virginia 04/25/2023
Trial court did not abuse its discretion by imposing an active sentence of 40 years' imprisonment, a sentence in excess of the range recommended by the sentencing guidelines, after consideration of the evidence

1413221 Lavelle Damon Davis v. Commonwealth of Virginia 04/25/2023
Trial court did not abuse its discretion by revoking the remainder of appellant's suspended sentence after considering his mitigating circumstances and arguments for a lower sentence

0483222 Lavishia Tia Fulton, s/k/a Lavisha Tia Fulton v. Commonwealth of Virginia 04/18/2023
Trial court did not err in finding sufficient evidence to convict appellant of maliciously firing a gun at an occupied vehicle, Code § 18.2-154, and attempted aggravated malicious wounding, Code §§ 18.2-26, -51.2, as evidence was sufficient to prove that she fired a gun while pointing it at the victim and her car

0627223 Jeremy Scott Gray v. Commonwealth of Virginia 04/18/2023
Trial court did not abuse its discretion as it did not automatically revoke appellant's prior suspended sentence without considering alternatives to incarceration, Code §§ 19.2-305.1(G) and -306, and approved appellant for participation in a work release program

0757223 John Robert Martin, s/k/a John Robert Martin, Jr. v. Commonwealth of Virginia 04/18/2023
Judgment affirmed as court properly denied motion to suppress, admitted evidence regarding appellant's kidnapping of his wife, refused appellant's request to take jury to site of shooting, denied appellant's post-trial Batson challenge; any error in admitting kidnapping conviction and compelling wife to testify against appellant was harmless; evidence was sufficient to convict

0868213 Arun Rashid Turay v. Commonwealth of Virginia 04/18/2023
Rehearing en banc granted

0902223 Michael Scott Wolfe v. Commonwealth of Virginia 04/18/2023
Trial court did not abuse its discretion in revoking appellant's previously suspended sentence based on new criminal convictions and imposing an active term of incarceration

0914224 Todd Arlynn Schaeffer v. City of Fairfax 04/18/2023
Trial court did not abuse its discretion in sanctioning appellant for filing a motion after he was repeatedly informed the court no longer had jurisdiction over the case and he was not permitted to file any more motions, Code § 8.01-271.1

0949224 Steven Best v. M. Jay Farr, Chief of Police, et al. 04/18/2023
Trial court did not err in sustaining appellees' demurrers as appellant failed to allege facts sufficient to state a cause of action under Virginia tort law; no abuse of discretion in dismissing the amended complaint with prejudice; no error as to recusal decision

0952224 Jessica Lary v. M. Jay Farr, Chief of Police, et al. 04/18/2023
Trial court did not err in sustaining appellees' demurrers as appellant failed to allege facts sufficient to state a cause of action under Virginia tort law; no abuse of discretion in dismissing the amended complaint with prejudice; no error as to recusal decision

1137223 James William Whittaker v. Commonwealth of Virginia 04/18/2023
Trial court did not abuse its discretion when it revoked appellant's suspended sentence and imposed active incarceration of four years

1378223 Gina Marie Lubertazzi v. Commonwealth of Virginia 04/18/2023
Judgment affirmed where appellant's argument that the trial court erred in imposing a two-year sentence without sufficient written explanation for the significant departure from the guidelines is barred by Rule 5A:18

0329224 Levyn Herbert Andrade, a/k/a, etc. v. Commonwealth of Virginia 04/11/2023
Trial court did not abuse its discretion in admitting evidence of appellant's prior bad acts; no error in finding sufficient evidence to convict appellant of rape and abduction

0607222 Thomas A. Carr v. Maribeth C. Carr 04/11/2023
Trial court did not abuse its discretion in awarding wife spousal support based in part on wife's income and expense statement; court adequately addressed each of the statutory factors for awarding spousal support and explained its factual findings; no abuse of discretion in granting wife a divorce on no-fault grounds

0613223 Michael Renea Johnson v. Commonwealth of Virginia 04/11/2023
Trial court did not err in denying appellant's motion to dismiss on federal and state constitutional speedy trial grounds as the evidence supports the conclusion that the delays at issue that were attributable to the Commonwealth were valid and justified

0937223 Derrick A. Edwards v. Commonwealth of Virginia 04/11/2023
Judgment reversed as appellant presented the trial court with an "actual controversy" and his declaratory judgment action is an appropriate means by which to pursue his constitutional challenges to Code § 53.1-25 and Virginia Department of Corrections OP 861.1; case is remanded for further proceedings

1186222 Loretta Lynn Carr v. Buckingham County Department of Social Services 04/11/2023
Trial court did not err in terminating appellant's parental rights under Code § 16.1-283(E)(i)

1234214 Tony Jacob Thomas v. Commonwealth of Virginia 04/11/2023
Trial court did not err in convicting appellant under the original plea agreement and the doctrine of approbate/reprobate bars consideration of the argument that the parties were free to amend the plea agreement after the court took the matter under advisement; no error by court in denying motion to withdraw plea agreement

1328212 Jesus Lamont Turner v. Commonwealth of Virginia 04/11/2023
Trial court did not err in convicting appellant of first-degree murder, malicious wounding, and two counts of using a firearm in the commission of a felony, as the evidence was sufficient to identify him as one of the perpetrators

1331223 Sierra Shauntel Jones v. Commonwealth of Virginia 04/11/2023
Trial court did not err in finding appellant had unsupervised contact with minors in violation of her probation; no abuse of discretion when court denied appellant's mid-hearing request for a continuance

1373214 James Frederick Browne v. Commonwealth of Virginia 04/11/2023
Judgment reversed where trial court erred in imposing a sentence of active incarceration that exceeds the statutory maximum sentence for a second technical violation under Code § 19.2-306.1(C), revocation sentencing order is vacated, and case remanded for resentencing

0259221 Ronny L. Jernigan v. Commonwealth of Virginia 04/04/2023
Trial court did not err in denying motion to dismiss based on appellant's claim of intentional pre-indictment delay by the Commonwealth and did not err in denying same motion based on argument that appellant's constitutional right to a speedy trial was violated; trial court did not err in denying motion to set aside the verdict where there was sufficient evidence to convict

0413223 Sandra Denise Campbell Reid v. Commonwealth of Virginia 04/04/2023
Trial court did not err in finding appellant failed to provide adequate care to her dog, created a situation which made it "not improbable" that injury would occur, and knew the probable results of her acts, thereby willfully inflicting inhumane injury and pain and causing serious bodily injury in violation of Code § 3.2-6750(F)

0500221 Jason J. Brayden v. Commonwealth of Virginia 04/04/2023
Judgment affirmed where appellant's argument that it was error for the trial court to accept his guilty pleas is barred by Rule 5A:18; appellant failed to show good cause to address the argument and the ends of justice exception is inapplicable; no abuse of discretion when court imposed its sentence or later corrected a clerical mistake in the sentencing order

0563223 Garland Ellis King, Jr. v. Commonwealth of Virginia 04/04/2023
Trial court did not err in denying appellant's motion to suppress as marijuana was not a legitimate, lawful substance at the time the officer searched appellant's car and the search was supported by probable cause

0600222 Donnell Downey v. Commonwealth of Virginia 04/04/2023
Judgment affirmed in part where sufficient evidence existed to convict appellant of all charges; argument that attempted robbery indictment cited incorrect statute barred by Rule 5A:18 and ends of justice exception inapplicable; judgment reversed in part and case remanded for trial court to re-sentence for attempted robbery, conspiracy to commit robbery, and bailee violation

0647221 Antone Lamont Shields v. Commonwealth of Virginia 04/04/2023
Trial court did not err in denying appellant's motion to suppress evidence as Code § 4.1-1302(A) had not been enacted as of the date of the search and did not apply retroactively

0700221 Vernon Eugene Hannah, s/k/a Donald Lassiter v. Commonwealth of Virginia 04/04/2023
Judgment affirmed as appellant's arguments that the trial court did not have subject matter jurisdiction to revoke and resuspend his misdemeanor sentence and the trial court erred in finding the evidence sufficient to establish that he violated probation are barred by Rule 5A:18

0845223 Joshua Carl Gannon Voltz v. Commonwealth of Virginia 04/04/2023
Trial court did not abuse its discretion when it sentenced appellant on his convictions after balancing appellant's mitigating evidence and the significant aggravating factors

0966224 Brian Anthony Joe v. Commonwealth of Virginia 04/04/2023
Trial court did not err in viewing evidence of unadjudicated criminal activity at the sentencing hearing as it was relevant and the probative value was not outweighed by its prejudicial effect; no error in the court's determination of the length of appellant's sentence after considering all of the evidence and argument presented

1060224 Bruce Henry v. Dominion Towing & Recovery, LLC 04/04/2023
Judgment affirmed as appellant did not timely note an appeal from the trial court's June 17, 2022 final judgment and errors assigned to that ruling are not considered; arguments that opposing counsel and judge acted unethically and unlawfully barred by Rule 5A:20; no error in court's denial of appellant's motion to reconsider a sanctions award

1102222 Christine Solem v. Sarah Taylor 04/04/2023
Judgment affirmed where appellant waived her claim about lack of notice and an opportunity to be heard by failing to object, Rule 5A:18; trial court did not err in dismissing appellant's claim with prejudice as she failed to present a justiciable claim to support her petition for declaratory judgment; court did not fail to rule on a power of attorney issue

1185223 William Daniel Jackson v. Commonwealth of Virginia 04/04/2023
Judgment affirmed where appellant's arguments that evidence was insufficient to support a conviction of malicious wounding as malice cannot be inferred from Commonwealth's evidence presented at trial and the evidence was insufficient to prove he had the intent to maim, disfigure, disable, or kill are barred by Rule 5A:18

0243224 Dana Mark Camann, Jr. Commonwealth of Virginia 03/28/2023
Petition for Rehearing En Banc granted

0347223 Adam Christopher Armstrong v. Kristy Marie Roadcap 03/28/2023
Judgment affirmed as trial court did not err in denying appellant's motion to set aside the jury verdict as to damages; any error by the trial court in denying appellant's motions for summary judgment was harmless, Code § 8.01-678

0417224 Saul Garay-Amaya v. Commonwealth of Virginia 03/28/2023
Trial court did not err in denying appellant's motions to strike and set aside the verdict as there was sufficient evidence to convict appellant of abduction where he abducted the victim before strangling and sexually assaulting her and the detention was not intrinsic to those acts; there was also sufficient evidence to convict him of object sexual penetration

0423222 Robert Ryan Grasty v. Commonwealth of Virginia 03/28/2023
Trial court did not err in allowing jury instruction permitting jury to judge appellant's age by his appearance; no abuse of discretion in denying appellant's motion for a new trial based on voir dire and jury's understanding of sentencing instructions; argument that appellant was entitled to a new trial because court improperly joined offenses involving two victims is waived

0462223 Jeremiah Howard Sweet v. Commonwealth of Virginia 03/28/2023
Trial court did not err in convicting appellant of obtaining money by false pretenses where the facts and circumstances do not support appellant's hypothesis of innocence but do support his intent to defraud; no error in refusing to apply the single larceny doctrine in the case as appellant engaged in a series of fraudulent transactions that were sporadic in both time and place

0539223 Paul Douglas Via v. Commonwealth of Virginia 03/28/2023
Trial court did not err in finding sufficient evidence to convict appellant of threatening to bomb or burn where record demonstrated appellant threatened to burn down victim's house, communicated that threat to victim, and she reasonable feared he would act on the threat, Code § 18.2-83; argument regarding officer's body camera footage barred by Rule 5A:18

0644223 Victor Bernard Ortiz v. Commonwealth of Virginia 03/28/2023
Trial court did not err in overruling appellant's objection to admission of his statements as the deputy's questions were investigatory and appellant was not in custody for purposes of Miranda; evidence was sufficient to convict appellant of violating a protective order; no error in revoking appellant's previously suspended sentences and imposing an active period of incarceration

0664223 John Thomas Conner v. Commonwealth of Virginia 03/28/2023
Trial court did not err in finding sufficient evidence to convict appellant of felony destruction of property in violation of Code § 18.2-137(B)(ii)

0729224 Amanda Deanne Coles v. Commonwealth of Virginia 03/28/2023
Judgment affirmed as appellant's argument concerning admission of certain testimony at her sentencing hearing is barred by Rule 5A:18; the ends of justice exception does not apply as appellant's argument lacks support for the position that her sentence constitutes a manifest injustice

0741223 Matthew Tyler Parker v. Commonwealth of Virginia 03/28/2023
Trial court did not abuse its discretion in revoking appellant's previously suspended sentences and imposing an active term of incarceration of six years; no evidence that the trial court failed to consider the mitigating evidence presented by appellant

0905221 Timothy Steven Sloan v. Commonwealth of Virginia 03/28/2023
Trial court did not abuse its discretion when it revoked appellant's previously suspended sentence after a third revocation proceeding

1193214 Gregory Shawn Mercer v. Commonwealth of Virginia 03/28/2023
Judgment affirmed as trial court did not err in ruling that appellant's constitutional right to a speedy trial was not violated; appellant has not identified any way that he preserved any of the remaining issues on appeal for appellate review or properly presented them in his brief, Rules 5A:18 and 5A:20

1380224 Kenneth R. Fox v. Wendy R. Fox 03/28/2023
Judgment affirmed as trial court's lack of ruling on motion to set aside a contempt order, "non-participation sanction," and bond orders was due to appellant's motion to withdraw the motion to set aside; no abuse of discretion in imposing sanctions, including attorney fees, against appellant; argument regarding changed circumstances barred by Rule 5A:18

1449224 Taijia Treyshawn Jackson v. Commonwealth of Virginia 03/28/2023
Judgment affirmed where appellant's argument that the court improperly relied on his criminal record during a probation revocation hearing is barred by Rule 5A:18 and ends of justice exception does not apply; no error by court in sentencing appellant above the high end of the discretionary sentencing guidelines

0134221 Elwood Saunders Gregory v. Commonwealth of Virginia 03/21/2023
Judgment affirmed as the sentence imposed by the trial court was within the statutory range and the record shows the court considered mitigating circumstances and the sentence received in another jurisdiction; argument that guilty plea was not entered knowingly, voluntarily, and intelligently is barred by Rule 5A:18 and ends of justice exception does not apply

0253222 Anthony Ivory Cook, Jr. v. Commonwealth of Virginia 03/21/2023
Trial court did not abuse its discretion in admitting images of the crime scene and victim's treatment; trial court made a proper inquiry necessary to deny a competency evaluation; trial court did not err when it denied appellant's motion to strike as the evidence was sufficient to convict appellant of second-degree murder

0274223 Luis Manuel Negron v. Commonwealth of Virginia 03/21/2023
Trial court did not err in finding sufficient evidence to convict appellant of driving on a suspended driver's license based on the driving record certified by the Commissioner of the Department of Motor Vehicles, Code § 46.2-301

0291222 Aidan Joseph Nevers v. Commonwealth of Virginia 03/21/2023
Trial court did not err in excluding evidence of appellant and S.T.'s prior sexual relationship, Code § 18.2-67.7(A)(2); no abuse of discretion in refusing to allow appellant to show witness photographs that contradicted his testimony ostensibly to refresh his recollection; argument regarding hearsay waived; evidence was sufficient to convict appellant of rape

0479222 Kenneth Hill, s/k/a Kenneth Ray Hill v. Commonwealth of Virginia 03/21/2023
Judgment affirmed as the evidence was sufficient to convict appellant of failing to reregister with the Sex Offender and Crimes Against Minors Registry, Code § 18.2-472.1; argument that Code § 18.2-472.1 does not criminalize late registration is barred by Rule 5A:18

0529224 Won Yung Jung v. Commonwealth of Virginia 03/21/2023
Judgment affirmed where trial court granted the motion in limine to prevent evidence that prior prosecutors had decided not to bring charges against appellant; no abuse of discretion in allowing prosecutor to say in opening statement that victim feared appellant or admitting certain photographs; instructing jury on consideration of appellant's character was harmless error

0622224 Mohsen A. Yazdi v. Maryam Darei 03/21/2023
Trial court did not err in awarding wife a divorce on the grounds of cruelty, Code § 20-91(6), as appellant's guilty plea to assault & battery of wife and protective orders entered by JDR court provided necessary corroboration; no abuse of discretion where court found appellant had ability to pay the spousal support award, Code § 20-107.1

0639224 John Pleasant Johnson, Jr. v. Commonwealth of Virginia 03/21/2023
Trial court did not err in finding sufficient evidence to convict appellant of various crimes through the use of intimidation, considering his paternal role and his provision of necessary financial support for the family, psychological pressure on the victim sufficient to overcome her will, and the victim's status as vulnerable and susceptible to such pressure

0713221 Patricia Spivey v. Annitavia Latrice Thomas 03/21/2023
Trial court did not err in overruling motions to strike the case due to contributory negligence; trial court fully instructed the jury about the pedestrian's duties and did not err in refusing another instruction relating to the same legal principle

0868213 Arun Rashid Turay v. Commonwealth of Virginia 03/21/2023
Upon a Rehearing -- judgment reversed where trial court erred in finding the police officer possessed a reasonable, articulable suspicion of criminal activity to support the investigative stop of appellant and denying the motion to suppress the fruits of the unconstitutional seizure; appellant's convictions vacated and case remanded for further proceedings

0929212 Herbert Eugene Smith, Jr. v. Commonwealth of Virginia 03/21/2023
Judgment affirmed as the evidence was sufficient to convict appellant of rape by force and abduction with intent to defile; appellant waived his confrontation argument due to his failure to sufficiently proffer the expected content of the testimony and, even if he did not waive the argument, any error would be harmless

1068224 Marshall Stephens v. Commonwealth of Virginia 03/21/2023
Judgment affirmed where a timely filed transcript, or written statement of facts in lieu of a transcript, is indispensable to a determination of appellant's assignment of error, Rule 5A:8(b)(4)(ii)

0218223 Joshua Adam Eckard v. Commonwealth of Virginia 03/14/2023
Trial court did not err in denying a Franks hearing in support of appellant's motion to suppress; no error in giving jury instruction related to second or subsequent offense of possession of child pornography; no error in refusing to include the dates of the charged offenses in the jury instructions; no error in denial of motion to set aside verdict based on alleged juror misconduct

0264222 Lorenzo Donte Reynolds v. Commonwealth of Virginia 03/14/2023
Trial court did not err in finding sufficient evidence to convict appellant of strangulation as his actions interfered with the victim's ability to breathe or obstructed her breathing; evidence was sufficient to convict appellant of aggravated malicious wounding when he bit off the victim's lip

0267221 Edward N. Furby, s/k/a Edward Nathaniel Furby v. Commonwealth of Virginia 03/14/2023
Trial court did not err in finding, based on expert testimony, appellant remains a sexually violent predator and there is no suitable lesser restrictive alternative than involuntary secure inpatient treatment at the VCBR

0386222 Gabrielle Bradford v. Jared Crain 03/14/2023
Judgment affirmed as trial court properly granted a demurrer where appellant failed to adequately allege gross negligence on the part of the police officer; any error in denying the motion to amend was harmless as the proffered amendments to appellant's second amended complaint were legally futile, Code § 8.01-678

0431223 Jamison Richard Jones v. Commonwealth of Virginia 03/14/2023
Judgment reversed and case remanded where trial court held a search warrant authorized the search of appellant and his vehicle 2 miles from his dwelling; good faith exception to the exclusionary rule does not apply to permit the search conducted by the officer

0467221 Anthony Sterling Salisbury v. Commonwealth of Virginia 03/14/2023
Trial court did not err in finding appellant guilty of assault and battery of a law enforcement officer based on the officers' testimony and the body camera video; appellant's unlawful intent may be inferred from the totality of his conduct and the attending circumstances

0666221 Aisan Walhed Taylor v. Commonwealth of Virginia 03/14/2023
Trial court did not abuse its discretion by sentencing appellant to a term of imprisonment that falls within the statutory range

0669221 Destin Dominique Moore v. Commonwealth of Virginia 03/14/2023
Trial court did not abuse its discretion in denying appellant's motion to withdraw his guilty plea as he failed to present any substantive evidence of a reasonable basis for contesting his guilt

0685222 Rhetta M. Daniel v. E. Grier Ferguson, et al. 03/14/2023
Trial court did not err in finding Code § 54.1-3915 did not confer subject-matter jurisdiction allowing it to adjudicate appellant's complaint; argument regarding the designation of a judge cannot be reached because there was no jurisdiction for the case more broadly, Code § 17.1-105

0691212 Michael Lee Veney v. Commonwealth of Virginia 03/14/2023
Trial court did not abuse its discretion when it denied appellant's motion for a mistrial; evidence was sufficient for jury to convict appellant of second-degree murder, reckless handling of a firearm, malicious shooting into an occupied vehicle, shooting a firearm from a vehicle, and use of a firearm in the commission of a felony

0693224 John Calvin Key v. Commonwealth of Virginia 03/14/2023
Trial court did not abuse its discretion in sentencing appellant because the probation violation proceedings commenced before the enactment of the amendments to Code § 19.2-306

0819224 Frank Howard v. Suzanne Howard 03/14/2023
Trial court did not abuse its discretion in denying a continuance when appellant failed to proffer allegedly excluded evidence; argument that court erred by excluding certain testimony cannot be considered as appellant failed to proffer the excluded testimony; no error in finding appellant failed to prove a material change in circumstances warranting a change in spousal support award

0834211 Malik Brown v. Commonwealth of Virginia 03/14/2023
Trial court did not err in finding sufficient evidence to convict appellant of second-degree murder, notwithstanding his arguments that he acted in self-defense and he did not act with malice

0867221 Aisan W. Taylor, s/k/a Aisan Walhed Taylor v. Commonwealth of Virginia 03/14/2023
Trial court did not abuse its discretion by sentencing appellant to a term of imprisonment that falls within the statutory range

0044223 Jacob Thomas Snead v. Commonwealth of Virginia 03/07/2023
Trial court did not abuse its discretion in admitting appellant's blood alcohol results where the health care providers relied on them to treat him; no abuse of discretion in admitting doctor's opinion testimony; evidence was sufficient to convict appellant of aggravated involuntary manslaughter

0140222 Nickolas G. Spanos v. Michael Y. Feinmel, Esquire 03/07/2023
Trial court did not err in finding Code § 54.1-3915 did not confer subject-matter jurisdiction allowing it to adjudicate appellant's complaint; court's ruling does not violate the Rules of the Supreme Court of Virginia and those rules do not provide mandatory jurisdiction to circuit courts to disbar attorneys; court's ruling was not arbitrary or capricious

0158223 Keith Iverson Harrop, II v. Lesley Ann Butterfield Harrop 03/07/2023
Trial court did not err in classifying certain mortgage payments as a marital contribution; no error in court's interpretation and application of Code § 20-107.3(C) as to marital debts; no error in court's application of Code § 20-170.3(E) as to equitable distribution; no error in court's application of Code § 20-124.3 as to award of sole legal custody of the children to wife

0183222 Deshon Scott v. Commonwealth of Virginia 03/07/2023
Trial court did not err in finding sufficient evidence to convict appellant of malicious wounding based on testimony that, without provocation, appellant hit the victim in the head several times, knocked him down, and forcefully kicked him after he collapsed, causing near-fatal traumatic brain injury, multiple skull fractures, and inoperable facial fractures

0400222 Gregory D. Cook, Jr., s/k/a Gregory Darnell Cook, Jr. v. Commonwealth of Virginia 03/07/2023
Trial court did not err in finding sufficient evidence to convict appellant of possessing a concealed weapon where the firearm was hidden from common observation, Code § 18.2-308(A); no error in finding sufficient evidence of felony eluding where appellant willfully and wantonly disregarded visual and audible signals of police and endangered at least one person

0444223 David Lee Morse v. Commonwealth of Virginia 03/07/2023
Trial court did not err in finding sufficient evidence to convict appellant of conspiracy to commit first-degree murder and first-degree murder as an accessory before the fact; no error in finding sufficient evidence to convict appellant of use of a firearm; argument regarding jury unanimity barred by Rule 5A:18; ends of justice exception unavailable

0494223 Roger W. Woody d/b/a Showcase Home Builders v. Lion's Gate Home Owners Association, Inc. 03/07/2023
Judgment affirmed in part as there was no error in denying appellant's Plea in Bar of Waiver; no error in finding appellant in breach of contract by delivering a defectively designed and constructed retaining wall; no error in denying appellant's Plea in Bar of Ultra Vires action; judgment reversed as to trial court's denial of attorney fees and costs to HOA

0518224 The Temple Foundation, Inc. v. Focus SH Acquistions, LLC 03/07/2023
Trial court did not err in interpreting the Operations Transfer Agreement between the parties; no error when trial court sustained the demurrer without leave to amend as to appellant's breach of contract, unjust enrichment, and declaratory judgment claims because the complaint was legally insufficient to state a cause of action upon which relief could be granted

0546221 Entrepreneur Dream Team v. Anchor Assets, LLC, et al. 03/07/2023
Judgment affirmed where required notice of default was sent to appellant; no error in granting summary judgment where appellant failed to create a genuine dispute for trial that it suffered harm from any noncompliance with the deed of trust

0595222 Willie Williams v. Commonwealth of Virginia 03/07/2023
Judgment affirmed where, assuming it was an abuse of discretion to allow the Commonwealth to refer to the appellant as a "sexually violent predator" before the jury, the particular circumstances of the single use of the phrase in the opening statement and the overwhelming evidence of guilt renders the error harmless

0610221 Deshawn Michael Hayes v. Commonwealth of Virginia 03/07/2023
Judgment affirmed because argument that court erred by accepting appellant's guilty plea is barred by Rule 5A:18; appellant has not shown how his case falls within the "very limited circumstances" necessary for application of the ends of justice exception

0623222 Michael Kevin McReynolds v. Commonwealth of Virginia 03/07/2023
Judgment affirmed where a timely filed transcript of the sentencing hearing, or written statement of facts in lieu of a transcript, is indispensable to a determination of appellant's assignments of error, Rule 5A:8(b)(4)(ii)

0699222 Jerad Wyche-Alexander, a/k/a Jarad Wyche v. Commonwealth of Virginia 03/07/2023
Trial court did not err in finding sufficient evidence to convict appellant of malicious wounding, possession of a firearm during the commission of a felony, maliciously shooting at an occupied vehicle, and discharging a firearm while in a vehicle

0015223 Marty D. Foust v. Lawrence Brothers, Inc. and American Interstate Insurance Company 02/28/2023
Commission's termination of an open award of benefits is affirmed where appellant's argument is barred by Rule 5A:18

0071222 Michael A. McKinney, Jr. v. Danece J. McKinney 02/28/2023
Judgment affirmed where a timely filed transcript, or written statement of facts in lieu of a transcript, is indispensable to a determination of appellant's assignments of error, Rule 5A:8(b)(4)(ii)

0179223 Thomas Joe Braxton, III v. Commonwealth of Virginia 02/28/2023
Trial court did not err in finding sufficient evidence to convict appellant of attempted capital murder and possession of heroin with intent to distribute where his principal argument is that the court drew the wrong inferences from the largely undisputed facts

0243224 Dana Mark Camann, Jr. v. Commonwealth of Virginia 02/28/2023
Judgment affirmed in part as to the denial of appellant's motion to suppress the narcotics seized, as deputy's instruction that appellant move his foot, exposing foil, was part of an investigative detention supported by reasonable suspicion; judgment reversed in part as to conviction for possession of etizolam because there was no evidence that appellant knowingly possessed it

0344222 Willie J. Cannon, Jr. v. Chesterfield-Colonial Heights Department of Social Services 02/28/2023
The trial court did not err in denying appellant's motion for a continuance and terminating his parental rights pursuant to Code § 16.1-283(C)(2)

0361223 Virginia University of Lynchburg, Inc. v. Robert Flood 02/28/2023
Judgment reversed where trial court erred in denying appellant's motion to strike, as appellee failed to introduce any evidence regarding the reasonable value of his services to support a claim for quantum meruit

0455221 Michael Tink Lane v. Commonwealth of Virginia 02/28/2023
Trial court did not abuse its discretion when it found appellant violated probation, revoked the previously suspended sentence and resuspended all but two years, refused to run the sentence concurrent with the newly imposed sentence, and imposed an indeterminate period of supervised probation, Code § 19.2-303

0515221 Kenneth Ka'Von Grant v. Commonwealth of Virginia 02/28/2023
Trial court did not abuse its discretion in sentencing appellant to a term higher than the range recommended by the sentencing guidelines after considering all the evidence, including mitigating factors, and explaining its departure from the guidelines

0549222 Juan Javier Wenzlaff v. Commonwealth of Virginia 02/28/2023
Trial court did not abuse its discretion in denying appellant's motion to modify his sentence pursuant to Code § 19.2-303 without a hearing as a hearing is not required and the motion was based on arguments and evidence the court had considered before or that did not mitigate his crimes

0732223 Colt Steven Poe v. Olivia Rae Poe 02/28/2023
Judgment affirmed where a timely filed transcript, or written statement of facts in lieu of a transcript, from the March 7, 2022 hearing is indispensable to a determination of appellant's assignments of error, Rule 5A:8(b)(4)(ii)

0777222 James Carlton Vaughan, Jr. v. Commonwealth of Virginia 02/28/2023
Trial court did not err in finding sufficient evidence to convict appellant of two counts of distribution of a controlled substance, third or subsequent offense; no abuse of discretion when the court ruled appellant did not qualify for the safety valve provision in Code § 18.2-248(C) when it sentenced him

1095222 Juan Javier Wenzlaff v. Commonwealth of Virginia 02/28/2023
Trial court did not abuse its discretion in denying appellant's motion to modify his sentence pursuant to Code § 19.2-303 without a hearing as a hearing is not required and the motion was based on arguments and evidence the court had considered before or that did not mitigate his crimes

1165222 Jamara Claiborne v. Commonwealth of Virginia 02/28/2023
Trial court did not err in denying appellant credit for time served while on home-electronic monitoring awaiting trial, Code § 53.1-187

1305212 Armand Gerivis Rodriguez, Jr. v. Commonwealth of Virginia 02/28/2023
Trial court did not err in denying appellant's motions to suppress evidence as the officers had probable cause to detain and arrest him for possession with intent to distribute cocaine

0088224 Alhaj Babah Thullah v. Commonwealth of Virginia 02/21/2023
Trial court did not err in denying appellant's motion to strike the evidence as the victim's testimony was not inherently incredible; evidence was sufficient to prove appellant engaged in sex with victim by use of actual force or constructive force

0219222 James Milton Tyler, Jr. v. Commonwealth of Virginia 02/21/2023
Trial court did not err by allowing the Commonwealth's expert to testify about matters not disclosed in advance pursuant to Rule 3A:11(b)(4)(A) where the testimony was admissible under Rule 3A:11(b)(4)(B) and appellant failed to demonstrate prejudice; evidence was sufficient to convict appellant of possession of heroin with intent to distribute

0281221 Adrian Elijah Pierce v. Commonwealth of Virginia 02/21/2023
Trial court did not err in finding the testimony from an eyewitness and appellant's cellmate was not inherently incredible and sufficed to establish appellant was the perpetrator

0291211 Alexander Faucett, s/k/a Alexander Lee Faucett v. Commonwealth of Virginia 02/21/2023
Trial court did not err in finding sufficient evidence to convict appellant of rape, forcible sodomy, and indecent liberties with a child

0348221 William Everett Warren v. Commonwealth of Virginia 02/21/2023
Trial court did not abuse its discretion when it found text messages had been sufficiently authenticated to render them admissible for consideration as a party admission; evidence was sufficient to convict appellant of attempted murder, use of a firearm, maliciously shooting into an occupied dwelling, destruction of property, reckless handling and possession of a firearm

0408221 Kenneth A. Brown, s/k/a Kenneth A. Brown, Sr. v. Commonwealth of Virginia 02/21/2023
Judgment affirmed where appellant's arguments that the evidence was insufficient to convict him of domestic assault and battery and violation of a protective order are barred by Rule 5A:18; the ends of justice exception does not apply as to either conviction

0435223 Michael Shane Wilson v. Commonwealth of Virginia 02/21/2023
Trial court did not err in convicting appellant of eluding under Code § 46.2-817(B) in Pittsylvania County when he had previously been convicted in Henry County for violating the same statute because appellant committed separate and distinct acts of evading and eluding police in Henry and Pittsylvania Counties and his double jeopardy rights were not violated

0470222 Reva Nicole English v. Commonwealth of Virginia 02/21/2023
Judgment affirmed because, assuming without deciding that appellant was arrested and not merely detained, the arrest was not unlawful as it was supported by probable cause and appellant did not have the right to resist a lawful arrest

0534223 Jeremy Wayne Luck v. Commonwealth of Virginia 02/21/2023
Trial court did not err in revoking the remaining seven years of appellant's suspended sentence after he incurred new criminal convictions during the suspension period and after the judge considered his mitigating evidence

0648224 Dominic Tran, et al. v. Vanessa Ines Moriarty 02/21/2023
Judgment reversed as the emergency orders entered by the Supreme Court of Virginia in response to the COVID-19 pandemic tolled all statutes of limitations, not just those that would have expired during the tolling period; trial court erred in dismissing the personal injury claims filed by appellants and the case is remanded for further proceedings

0706211 Matthew Charles Bass v. Commonwealth of Virginia 02/21/2023
Trial court did not err by denying appellant's motions to strike and set aside the verdict because he acted in self-defense or in the heat of passion; no abuse of discretion where court excluded evidence of victim's 1990 conviction for malicious wounding as too remote

0961221 Richard Kevin Riddick v. Commonwealth of Virginia 02/21/2023
Trial court did not abuse its discretion in revoking appellant's suspended sentence pursuant to appellant's violations of the terms of his probation

1325214 Quadell A. Grimes v. Commonwealth of Virginia 02/21/2023
Judgment affirmed as excluded testimony was cumulative and irrelevant; argument that appellant was deprived of the presumption of innocence when the full jury saw him in the custody of the sheriff before deliberations barred by Rule 5A:18; argument about insufficient evidence of malice barred by Rule 5A:20

0138222 Hassan S. William, s/k/a Hasaan S. Williams v. Commonwealth of Virginia 02/14/2023
Judgment affirmed as trial court correctly concluded the good faith exception applied to the search warrant when it denied appellant's motion to suppress; argument that magistrate was not neutral or detached barred by Rule 5A:18; evidence was sufficient to support appellant's conviction for possession of a firearm under Code § 18.2-308.2(A)

0150221 David Wayne Dorset v. Commonwealth of Virginia 02/14/2023
Judgment affirmed as appellant's argument that his sentence is cruel and unusual because it is "totally disproportionate to the crime of which he had been convicted" and is "substantially longer than the sentences for the underlying crime" is barred by Rule 5A:18; the ends of justice exception does not excuse the failure to preserve the argument

0236222 Cody Alexander Lowe v. Commonwealth of Virginia 02/14/2023
Judgment affirmed where trial court dismissed appellant's de novo appeal as waived, Code § 18.2-57.3(F); argument that trial court denied his constitutional right to due process when it dismissed his appeal barred by Rule 5A:18

0304224 Michael James Hetle v. Commonwealth of Virginia 02/14/2023
Judgment affirmed as there was no abuse of discretion denying appellant's motion to dismiss a juror for cause; no error in admitting a jail call between appellant and his wife; any error in refusing to allow appellant to testify as to his statement to a neighbor and his reprimand while a police officer was harmless; no error in admitting testimony of racial slurs referencing victim

0338223 Chavis Williams, s/k/a Chavis R. Williams v. Commonwealth of Virginia 02/14/2023
Judgment affirmed as a timely-filed transcript of the revocation hearing, or a written statement of facts in lieu of a transcript, is indispensable to resolve the issues appellant has raised, Rule 5A:8(b)(4)(ii)

0355221 Taj Shaquille Johnson v. Commonwealth of Virginia 02/14/2023
Trial court did not abuse its discretion in revoking appellant's previously suspended sentence and resuspending all but one year after he incurred new misdemeanor convictions and then was charged with a new offense while out on bond pending his probation violation hearing

0356223 Genaro Guzmen Vazquez v. Commonwealth of Virginia 02/14/2023
Judgment affirmed as trial court's denial of a motion to suppress the contents of a package containing a GPS device was permitted where the evidence was admissible under the inevitable discovery doctrine; evidence was sufficient to convict appellant of the charges; no error in admitting a video that was properly authenticated, relevant, and not unduly prejudicial

0381221 Darryl Jenkins v. C & T Durham Trucking Co., Inc. and Accident Funds Ins Co. of America 02/14/2023
No error in Commission's finding that appellant failed to carry his burden of proving that his claimed injuries were causally related to his work accident

0406221 James Michael Greason v. Commonwealth of Virginia 02/14/2023
Trial court did not err in finding the evidence was sufficient to convict appellant of rape and incest

0422222 Brian Richardson v. Commonwealth of Virginia 02/14/2023
Trial court did not abuse its discretion by revoking appellant's previously suspended sentences and reimposing three years of active incarceration based on his new criminal offenses and failure to report to probation

0460221 James Derrick Ferrell v. Commonwealth of Virginia 02/14/2023
Trial court did not err in accepting appellant's guilty pleas as the record contains an affirmative showing that he entered the pleas knowingly, voluntarily, and intelligently; no abuse of discretion for the trial court to order that the various sentences be served consecutively

0720222 Kalvin Donnell Coward, a/k/a Kelvin Donnell Coward v. Commonwealth of Virginia 02/14/2023
Trial court did not err in denying appellant's independent action under Code § 8.01-428(D) to vacate his 1994 felony convictions for lack of jurisdiction where he failed to prove the judgment was void due to extrinsic fraud upon the court

0798223 David Lee Blair, III v. Commonwealth of Virginia 02/14/2023
The trial court did not abuse its discretion in imposing a sentence within the applicable statutory range after appellant violated his probation

0989212 James David Fries v. Commonwealth of Virginia 02/14/2023
Judgment affirmed as there was sufficient evidence of malice to convict appellant of malicious wounding; appellant did not demonstrate that his constitutional speedy trial rights were violated; argument about trial court's refusal to define "disable" barred by Rule 5A:18

1085222 Jamell D. Davis v. Commonwealth of Virginia 02/14/2023
Judgment vacated and appellant's motion to modify or reduce his sentence is dismissed as the trial court lacked subject-matter jurisdiction to grant the relief sought, Code § 19.2-303

1164222 Susan Mueller and David Barodofsky v. HSBC Bank USA, et al. 02/14/2023
Judgment affirmed on the separate and independent basis of trial court's ruling that declaratory judgment was not an available remedy for the relief sought by appellants and it is unnecessary for this Court to examine the statute of limitations argument

1165214 Suzanne Marie Schillmoeller v. Andrew Ryan Younkle 02/14/2023
Judgment affirmed in part as the separation agreement is unambiguous on its face; court also did not err in denying husband's request for attorney fees; judgment reversed in part and case remanded as the court did err by classifying husband's military retirement pay as spousal support

1443221 Commonwealth of Virginia v. Ambritt Lavette Spencer 02/14/2023
Judgment affirmed where, under the totality of the circumstances, officers did not have probable cause to search appellant's car

0017222 Mohannad Abandeh v. Commonwealth of Virginia 02/07/2023
Judgment affirmed where the evidence was sufficient to convict appellant of the charges against him; argument that court erred by denying appellant's motion to reconsider and vacate his convictions is barred by Rule 5A:20

0060223 Richard Howard Cox v. Carroll County Department of Social Services 02/07/2023
Trial court did not err in entering a child protective order against appellant and finding that the child was abused or neglected, Code § 16.1-228(1), (5)

0062223 Christopher O. Hill v. Shanita Hill 02/07/2023
Trial court did not err in denying appellant's motion to remove the guardian ad litem and considering the guardian ad litem's testimony and report

0067223 Sonya Jane Cox v. Carroll County Department of Social Services 02/07/2023
Trial court did not err in entering a child protective order against appellant and finding that the child was abused or neglected, Code § 16.1-228(1), (5)

0118221 Wayne Henderson v. Commonwealth of Virginia 02/07/2023
Judgment affirmed where appellant's argument that evidence was insufficient to convict him is barred by Rule 5A:18; witness' testimony was not inherently incredible and thus the evidence was sufficient to support appellant's conviction under Code § 18.2-67.3; appellant's argument that he received ineffective assistance of counsel is not cognizable on direct appeal

0121221 Emergency Physicians of Tidewater, PLC and Allison L. Raines, D.O., v. Patricia Hanger 02/07/2023
Judgment affirmed where court denied motion to strike; no abuse of discretion in denial of motion for continuance and refusal of defense jury instruction D; no error in refusing corrective action as to rebuttal closing argument or permitting plaintiff to attend trial; argument that court erred in excluding certain medical records barred; any error as to the audit trail is harmless

0202224 Nigel Emanuel McCauley v. Commonwealth of Virginia 02/07/2023
Judgment affirmed as a timely-filed transcript of the final day of the trial, or a written statement of facts in lieu of a transcript, is indispensable to resolve appellant's arguments concerning the sufficiency of the evidence and the jury instructions, Rule 5A:8(b)(4)(ii); no abuse of discretion in court's exclusion of appellant's proposed evidence regarding the victim

0214221 Reneve Pleasants v. Commonwealth of Virginia 02/07/2023
Trial court did not err in finding sufficient evidence to convict appellant of misdemeanor destruction of property, Code § 18.2-137.1

0262222 Christopher Brennan v. Virginia State Police 02/07/2023
Trial court did not err in dismissing appellant's appeal from the hearing officer's decision to uphold appellant's termination by the Virginia State Police, as the decision was not contradictory to law

0303223 Anthony Laron Fitzgerald v. Commonwealth of Virgina 02/07/2023
Trial court did not err in finding appellant guilty of malicious wounding when the totality of the evidence demonstrated he acted with the requisite malice and intent, Code § 18.2-51

0316223 Christopher O. Hill v. Shanita Hill 02/07/2023
Trial court did not err in awarding sole legal and physical custody of the children to mother and supervised visitation to appellant after considering all the statutory factors and the evidence, Code § 20-124.3

0358223 Scott Brian Dunn v. Cityscape, LLC and Flagship City Insurance Co. 02/07/2023
No error in Commission's finding that appellant was an independent contractor

1192223 Corbyn Nicole Miller v. Commonwealth of Virginia 02/07/2023
Trial court erred in finding appellant's conduct violated a special condition of her probation on both a robbery and weapons charge and imposing a term of active incarceration on the robbery probation revocation, Code § 19.2-306.1; no error in finding appellant violated the terms of her probation; remanded for resentencing and entry of a new revocation order

1341223 Commonwealth of Virginia v. Christopher Neil Dotson 02/07/2023
Judgment reversed and case remanded where totality of the circumstances demonstrated deputy had probable cause to believe appellant was in possession of illegal narcotics; appellant's failure to include the trial court case number on the original notice of appeal did not deprive this Court of jurisdiction where the certificate provided necessary clarification

0180221 Brian Gene Smith v. Commonwealth of Virginia 01/31/2023
Judgment affirmed where evidence was sufficient to convict appellant of all charges against him; argument that the evidence was insufficient as a matter of law to prove he committed forcible sodomy barred by Rule 5A:18; no abuse of discretion in court's refusal to strike two prospective jurors for cause

0194221 Joseph Ryan Alvey v. Commonwealth of Virginia 01/31/2023
Trial court did not abuse its discretion in imposing an active sentence of two years and six months on a probation violation after considering the discretionary sentencing guidelines and evidence presented

0318224 Francisco Javier Saravia v. Commonwealth of Virginia 01/31/2023
Trial court did not err in finding appellant exercised the requisite care and control over the victim to establish a supervisory relationship and sufficient evidence to convict him of custodial indecent liberties, Code § 18.2-370.1

0351223 Raymond Travis Swinson, Sr. v. Commonwealth of Virginia 01/31/2023
Judgment affirmed as Code § 46.2-1003(C) does not apply retroactively; evidence was sufficient for jury to convict appellant of possession with intent to distribute methamphetamine; any error by trial court in rejecting appellant's proposed jury instruction (Virginia Model Criminal Jury Instruction 22.350) in its entirety is harmless error

0637222 Gabriel Urijah Davis v. Commonwealth of Virginia 01/31/2023
Judgment affirmed where appellant failed to preserve the issue of sufficiency of the evidence by renewing his motion to strike or by moving to set aside the verdict; Rule 5A:18

0687222 April D. Gallop v. Cameron Bay Homeowners Association 01/31/2023
Trial court did not err in entering final orders granting judgment against appellant; no error in denying appellant's motions and pleadings filed more than twenty-one days after the final orders due to lack of jurisdiction, Rule 1:1(a); no error in refusing to sign appellant's written statement of facts as it failed to comply with Rule 5A:8(c)

0705222 Khalil Abdel Salahuddin v. Commonwealth of Virginia 01/31/2023
Trial court did not err in issuing an order of forfeiture where appellant was personally served with notice of the seizure; no abuse of discretion in denying appellant's motion to set aside the default judgment entered in the case

0708222 April D. Gallop v. Cameron Bay Homeowners Association 01/31/2023
Trial court did not err in entering final orders granting judgment against appellant; no error in denying appellant's motions and pleadings filed more than twenty-one days after the final orders due to lack of jurisdiction, Rule 1:1(a); no error in refusing to sign appellant's written statement of facts as it failed to comply with Rule 5A:8(c)

0710222 April D. Gallop v. Cameron Bay Homeowners Association 01/31/2023
Trial court did not err in entering final orders granting judgment against appellant; no error in denying appellant's motions and pleadings filed more than twenty-one days after the final orders due to lack of jurisdiction, Rule 1:1(a); no error in refusing to sign appellant's written statement of facts as it failed to comply with Rule 5A:8(c)

0813221 Lawrence E. Mattison v. The Secretary of Veterans 01/31/2023
Judgment affirmed where appellant's first assignment of error is barred by Rule 5A:20; the remaining assignments of error are waived as a timely-filed transcript of the April 29, 2022 hearing, or a written statement of facts in lieu of a transcript, is indispensable to resolving those matters, Rule 5A:8(b)(4)(ii)

0872223 Ricky Lee Motley v. Commonwealth of Virginia 01/31/2023
Trial court did not abuse its discretion by revoking appellant's previously suspended sentences and imposing two years and ten months of active incarceration after he violated several of the terms of his suspension

0873223 Sadiq Aqueel Adams v. Commonwealth of Virginia 01/31/2023
Trial court did not err in granting jury instruction six, as it contained an accurate statement of the law

0983223 William Douglas Linkenhoker, Jr. v. Commonwealth of Virginia 01/31/2023
Trial court did not err in its sentencing of appellant for possession of methamphetamine with intent to distribute, possession of a firearm while in possession of methamphetamine, and possession of a firearm by a nonviolent felon after entry of his guilty pleas; no error in the sentencing of appellant on his probation violation

0995223 Darren Antonio Bennett v. Commonwealth of Virginia 01/31/2023
Judgment affirmed as appellant's argument that the Commonwealth failed to prove a breaking occurred, pursuant to Code § 18.2-91, is barred by Rule 5A:18

1276211 Eric Lee Dunford-Landers v. Commonwealth of Virginia 01/31/2023
Trial court did not err in finding sufficient evidence to convict appellant of taking indecent liberties with a child under the age of 15, Code § 18.2-370(A)(1)

1323224 Commonwealth of Virginia v. Irina S. Barrett 01/31/2023
Judgment reversed as trial court erred in granting a motion to suppress where the criminal complaint and affidavit provided time and location, a nexus between the dead dog and defendant, and non-conclusory information supporting probable cause, sufficient for the magistrate to issue the warrant

1334211 Markese J. Pryor v. Commonwealth of Virginia 01/31/2023
Judgment affirmed as there was sufficient evidence to convict appellant of rape and abduction; no abuse of discretion as to the sentence imposed; argument that the abduction charge was subsumed within the rape charge is barred by Rule 5A:18

1365212 Levelle D. Terry v. Commonwealth of Virginia 01/31/2023
Trial court did not err in denying appellant's motion to suppress as he was properly detained as part of a lawful traffic stop and he voluntarily provided the officer with identification

0083223 Corey Matthew May v. Commonwealth of Virginia 01/24/2023
Judgment reversed where trial court abused its discretion in denying appellant's motion for deferred disposition under Code § 18.2-57.3 based on its belief that deferred dispositions should not be available for assault and battery crimes; case remanded to consider whether appellant is an appropriate candidate for a deferred disposition

0095224 Leon Strom v. Transdev Services, Inc. and Old Republic Ins. Co. 01/24/2023
No error in Commission's finding that appellant failed to prove a compensable injury by accident

0117221 Charles S. Friedman, et al. v. Mona Friedman Smith, et al. 01/24/2023
Trial court did not err in holding appellant in contempt after he violated the explicit terms of the trial court's order

0280223 Shawntay Lakeith Swann v. Commonwealth of Virginia 01/24/2023
Trial court did not err in denying the motion to suppress where there was reasonable suspicion to justify the traffic stop; there was sufficient evidence that appellant was aware of the nature and character of cocaine found in dollar bills collected from his pants pocket and thus he knowingly and intentionally possessed the substance

0334224 Christopher J. Martin v. Commonwealth of Virginia 01/24/2023
Judgment affirmed where appellant failed to establish that the exception to Rule 1:1(a) found in Code § 8.01-428(D) should apply to his motion to vacate his convictions; argument that trial court lacked jurisdiction over the case waived by operation of Rule 1:1(a)

0415223 Zane Chandler Christian v. Commonwealth of Virginia 01/24/2023
Trial court did not abuse its discretion in sentencing appellant in excess of the sentencing guidelines, after accepting his no contest pleas to various felonies, as the court considered all the relevant mitigating and aggravating factors

0442222 Karl Christopher Mitchell v. Commonwealth of Virginia 01/24/2023
Trial court did not err in finding sufficient evidence to convict appellant of grand larceny of a motor vehicle

0495221 Nancy Friedman v. Estate of Gerald Friedman 01/24/2023
Trial court abused its discretion in holding appellant in contempt as she violated no express command given her by the trial court

0585222 David Brian Loeper, II v. Commonwealth of Virginia 01/24/2023
Trial court did not err in denying appellant's motion to suppress evidence found in a vehicle when the search was based on the smell of marijuana "wafting" from the open sunroof and the search was conducted almost a year before Code § 18.2-250.1(F) went into effect

0587224 Cory Deon Coates v. Commonwealth of Virginia 01/24/2023
Trial court did not abuse its discretion in imposing a total sentence of eighty years' incarceration with fifty years suspended for appellant's convictions of four counts of aggravated sexual battery

0617221 Brandon Michael Expectacion v. Commonwealth of Virginia 01/24/2023
Judgment affirmed where timely-filed transcripts, or a written statement of facts in lieu of a transcript, are indispensable to a determination of the assignment of error, Rule 5A:8(b)(4)(ii)

0734223 Robert Lamont Chu, Jr. v. Commonwealth of Virginia 01/24/2023
Trial court did not abuse its discretion in sentencing appellant to the balance of his previously suspended sentences after he violated the terms of his supervised probation for a fourth time

0787223 Kevin O'Neal Allen v. Commonwealth of Virginia 01/24/2023
Trial court did not abuse its discretion in imposing an active term of incarceration of forty-five years where the record proves the court considered the guidelines and the circumstances of the offenses, as well as appellant's history, conduct, and the need to protect the public, and explained in writing why it deviated from the guidelines, Code § 19.2-298.01(B)

0936223 Rodney Howard Broughman v. Commonwealth of Virginia 01/24/2023
Trial court did not abuse its discretion in revoking appellant's entire suspended sentence and resuspending three years after he was convicted of numerous offenses during his probation period

0955222 Deon Carter v. Commonwealth of Virginia 01/24/2023
Trial court did not err in finding appellant failed to establish that the court's acceptance of his guilty pleas to the crimes in which he was involved resulted from extrinsic fraud perpetrated upon the court, Code § 8.01-428(D); appellant's motion to vacate his convictions was an impermissible collateral attack upon the court's judgment

0984222 Tramil Jackson v. Commonwealth of Virginia 01/24/2023
Judgment affirmed as appellant did not file a written statement of facts supplementing a missing portion of the transcript of the motion to suppress hearing, and such filing is indispensable to resolving the appeal, Rule 5A:8(b)(4)(ii)

1384211 Robert Maurice Bates v. Commonwealth of Virginia 01/24/2023
Judgment affirmed where a timely-filed transcript of the November 5, 2021 proceeding, or a written statement of facts in lieu of a transcript, is indispensable to resolving the appeal, Rule 5A:8(b)(4)(ii)

0007223 Latisa Danielle Hubbard v. Lynchburg Department of Social Services 01/17/2023
Termination of appellant's parental rights affirmed where appellant's waiver of her right to challenge the court's decision under Code § 16.1-241(E)(i) moots her challenge to the termination under Code § 16.1-241(C)(2)

0014221 Tyrion James Brown v. Commonwealth of Virginia 01/17/2023
Trial court did not err in convicting appellant of violating Code § 46.2-865.1 where there was sufficient evidence to find appellant participated in a race, acted with reckless disregard for human life, and his actions were a proximate cause of a collision

0114221 Brandon Aaron Burr v. Kathryn Kyrscio Burr 01/17/2023
Judgment affirmed as no transcript or written statement of facts of the August 16, 2021 hearing was timely filed and such is indispensable to addressing appellant's argument that the court erred in requiring him to pay all of the GAL fees; appellant's arguments that trial court erred in appointing a particular GAL and in calculating the GAL fees are barred by Rule 5A:18

0160223 Paul Travis Edwards v. Commonwealth of Virginia 01/17/2023
Trial court did not err in finding that the Commonwealth presented sufficient evidence to establish the corpus delicti of ten sexual battery offenses and corroborate appellant's confession; evidence was sufficient to support the convictions of misdemeanor sexual battery

0199211 Sundari Karma Prasad v. Commonwealth of Virginia 01/17/2023
Judgment affirmed where the sentence imposed was not due to an abuse of discretion; appellant's argument that the court's consideration of documents she faxed to it violated her due process rights barred by Rules 5A:18 and 5A:20(c)

0204223 Slurry Pavers, Inc. v. Commonwealth of Virginia 01/17/2023
Trial court did not err in finding that appellant violated Code § 46.2-1126 as its paver is a vehicle as defined by Code § 46.2-100

0265223 Eric Lee Tomlin v. Commonwealth of Virginia 01/17/2023
Trial court did not err in accepting the witness' version of events, rejecting appellant's affirmative defense, and finding appellant guilty of using a firearm in the commission of a felony and wearing body armor while committing a crime; as no error was found in assignments of error I-III, it is not necessary to reach assignment of error IV

0323223 Austin Guy Cox v. Commonwealth of Virginia 01/17/2023
Trial court did not err in finding that the victim's testimony and DNA results provided sufficient evidence to support appellant's convictions for object sexual penetration, Code § 18.2-67.2, and rape, Code § 18.2-61

0354222 Carson Mitchell Jones, s/k/a Carson M. Jones Jr. v. Commonwealth of Virginia 01/17/2023
Trial court did not err when it convicted appellant of assault after general district court acquitted him of brandishing a machete; doctrine of issue preclusion did not prevent Commonwealth from introducing evidence that appellant intentionally wielded a knife and created reasonable fear in the minds of the victims because that specific fact was not the basis of the acquittal

0379224 Brian D. Bailey v. Amy K. Sarina 01/17/2023
Trial court did not abuse its discretion in finding the October 2010 child support order was effective from June 6, 2014 through May 5, 2021 and appellant was obligated to provide child support for those dates; no error in trial court's stated amount of arrearages inclusive of interest; no error in trial court's denial of sanctions against appellee and her counsel

0569224 James B. Haybyrne v. Marilou Yuson Dumapias 01/17/2023
Judgment affirmed where no timely-filed transcript of the contempt hearing or written statement of facts in lieu of a transcript was filed and a transcript or statement of facts is indispensable to addressing appellant's argument regarding service of the Rule to Show Cause, Rule 5A:8(b)(4)(ii)

0574224 Justin Michael Payne v. Commonwealth of Virginia 01/17/2023
Judgment affirmed as failure to follow the sentencing guidelines "shall not be reviewable on appeal . . . ," Code § 19.2-298.01(F); recommended sentencing ranges in the discretionary guidelines are not binding, but are tools to be used in fixing the appropriate sentence within the statutory limitations; argument that sentence violated plea agreement barred by Rule 5A:18

1290212 Michael D'Angelo Lambert, Sr. v. Commonwealth of Virginia 01/17/2023
Trial court did not err in finding sufficient evidence to convict appellant of possession of a firearm by a convicted felon, notwithstanding his defense that his possession was justified and necessary, and unlawfully shooting into an occupied building, Code § 18.2-279; no error in trial court's denial of appellant's motion to set aside the verdicts

0003222 Ashley Michelle Unger v. Commonwealth of Virginia 01/10/2023
Trial court had jurisdiction over appellant's case but erred in finding appellant's conduct, viewed in the totality, amounted to acts or omissions willfully contributing to the delinquency of a minor under Code § 18.2-371

0040221 Robert Wayne Compton, Jr., s/k/a Michael Compton v. Commonwealth of Virginia 01/10/2023
Trial court did not err in convicting and sentencing appellant under the now-repealed Code § 18.2-104, nor did the court render inconsistent verdicts; evidence was sufficient to convict appellant of petit larceny, third offense

0042224 Nils Kinuani v. George Mason University 01/10/2023
Trial court did not err in finding denial of appellant's request for in-state tuition was not arbitrary or capricious under SCHEV guidelines; no error where court disregarded appellant's claim based on a pending asylum application; appellant's permanent residency application filed after the request for in-state tuition had been denied does not render decision arbitrary or capricious

0191223 Lindsey Kay Thomas v. Commonwealth of Virginia 01/10/2023
Trial court did not err in denying appellant's motion to dismiss the charge of possession of a schedule I or II controlled substance because the version of Code § 18.2-251.03 in effect at the time of the offense and the indictment against her had not yet been amended to encompass her circumstances and the amendment did not apply retroactively

0389224 Joseph Cerroni v. Jacqueline Nadine Douglas, Guardian of the estate of S.D. 01/10/2023
Trial court judgment reversed as void ab initio where the court lacked subject matter jurisdiction, due to the absence of any constitutional or statutory authority to consider appellant's attorney fee application; application based on erroneous belief that court was required to pre-authorize payment of attorney fee if distributed from minor's estate and determine if fee was reasonable

0783222 Debra Wolcott v. Henretty Construction Group, LLC 01/10/2023
Judgment affirmed where appellant's failure to timely file the transcripts or a valid written statement of facts precludes consideration of her assignments of error

0938213 Brandon Douglas Galloway v. Commonwealth of Virginia 01/10/2023
Judgment affirmed where appellant's arguments regarding trial court's consideration of hearsay testimony at the sentencing hearing and the circuit court's practice of substituting judges are barred by Rule 5A:18; good cause exception is not applicable in this case and the record demonstrates no miscarriage of justice occurred

0972224 Nathan Davis, s/k/a Nathan Antonio Davis v. Commonwealth of Virginia 01/10/2023
Trial court did not err in dismissing appellant's independent action to set aside judgment by default, pursuant to Code § 8.01-428, for failure to state a claim

1140214 Keith Edward Lucas, Jr. v. Commonwealth of Virginia 01/10/2023
Judgment affirmed where trial court's stated reason for departing from the sentencing guidelines recited appellant's technical probation violations rather than his failure to pay court costs was harmless error; argument as to appellant's ability to pay court costs barred by Rule 5A:18

1273213 Trajan Jerome Lanier v. Commonwealth of Virginia 01/10/2023
Judgment affirmed after imposition of active prison sentence of eight years when appellant pled guilty under a written plea agreement to possession of a firearm while in possession of fentanyl and possession with intent to distribute fentanyl; no abuse of discretion in denying motion to reconsider sentence due to new evidence; Rule 5A:18 bars argument as to mitigation evidence.

1275213 James Andrew Nutter, s/k/a James Andrew Nutter, Jr. v. Commonwealth of Virginia 01/10/2023
Judgment affirmed where the evidence was sufficient to convict appellant of rape and sodomy; no abuse of discretion in admitting a police officer's testimony about the victim's report of the attack, Code § 19.2-268.2; no abuse of discretion as to the sentence imposed; remaining assignments of error barred by Rule 5A:20

1299213 Peter Jaeger Dillon, s/k/a Peter Jaegar Dillon v. Commonwealth of Virginia 01/10/2023
Trial court did not abuse its discretion in rejecting certain jury instructions proffered by defendant; the denial of appellant's motion to strike was not plainly wrong or without evidence to support it because a reasonable fact finder could conclude that appellant possessed cocaine

0032221 Ray Lindsay Everette v. Commonwealth of Virginia 12/29/2022
Trial court did not err in convicting appellant under Code § 46.2-357, which was repealed before appellant's trial, as there was no indication the repeal of the statute was to be applied retroactively; evidence was sufficient to prove appellant was the driver of the vehicle

0048221 Dimitry Shvets v. Michele N. Shvets 12/29/2022
Judgment of trial court affirmed where appellant failed to file a transcript or written statement of facts in lieu of transcript of the November 23, 2021 hearing

0066223 Jerel Blake Smals v. Commonwealth of Virginia 12/29/2022
No error in trial court's finding that evidence was sufficient to prove a breaking occurred and that the witnesses were not inherently incredible

0085221 Laderrian Devonnae Copeland v. Commonwealth of Virginia 12/29/2022
Trial court did not abuse its discretion in fixing the amount of restitution because a preponderance of the evidence supported the trial court's finding

0211223 Michael Brian Motley v. Commonwealth of Virginia 12/29/2022
No error in jury's determination that victim's testimony was neither inherently incredible nor unbelievable as a matter of law and was sufficient to support appellant's convictions

0308222 Breshon Avonte Evins v. Commonwealth of Virginia 12/29/2022
Trial court did not abuse its discretion in sentencing appellant

0320222 Christopher Elliott Howard, s/k/a Christopher Elloit Howard v. Commonwealth of Virginia 12/29/2022
Trial court did not err in finding sufficient evidence to convict appellant of multiple counts of forging and/or uttering in violation of Code § 18.2-172; counsel's Anders motion to withdraw is granted

0321222 David Reginald Jones v. Commonwealth of Virginia 12/29/2022
Trial court did not err in finding sufficient evidence to convict appellant of assault and battery, Code § 18.2-57, violation of a protective order, Code § 16.1-253.2, trespassing, Code § 18.2-119, and abduction, Code § 18.2-47

0336224 Ajae' D. Jackson v. Commonwealth of Virginia 12/29/2022
Evidence was sufficient to support jury's verdict that appellant intended to assault the officer

0372221 Hayley Callaghan v. City of Virginia Beach Department of Human Services 12/29/2022
Trial court did not err in terminating appellant's parental rights to her child or in approving the foster care goal of adoption

0402221 Shawn Jaquaye Featherston v. Commonwealth of Virginia 12/29/2022
Trial court did not abuse its discretion in fashioning appellant's sentences upon his guilty pleas

0512224 Derrick Alexander Marks v. Commonwealth of Virginia 12/29/2022
Trial court did not abuse its discretion in fashioning appellant's sentences

0535224 William J. Major, III v. Antoinette E. Dack 12/29/2022
Judgment of trial court's awarding attorney fees to appellee affirmed where appellant failed to timely file a transcript or statement of facts from the hearing on the attorney fee issue

0558221 Samuel Adil Aguilar Rodriguez v. Commonwealth of Virginia 12/29/2022
Trial court did not abuse its discretion in sentencing appellant to a term of incarceration both within the sentencing guidelines and the statutory range for malicious wounding

0596223 Kelly Huff, s/k/a Kelly Lynn Huff v. Commonwealth of Virginia 12/29/2022
Trial court did not err in finding sufficient evidence to convict appellant of unlawfully removing property without the intent to steal, Code § 18.2-137; counsel's Anders motion to withdraw is granted

0663223 Russell Clinton Huntley v. Commonwealth of Virginia 12/29/2022
Trial court did not err in finding sufficient evidence to convict appellant of attempting to possess with the intent to distribute a Schedule I/II controlled substance, Code § 18.2-248; appellant's arguments related to various trial issues are barred by Rule 5A:18; counsel's Anders motion to withdraw is granted

0691224 Emily Michelle Race v. Commonwealth of Virginia 12/29/2022
Trial court did not abuse its discretion in denying appellant's motion for reconsideration of her sentence

0715221 Shana Christine Winborne v. Commonwealth of Virginia 12/29/2022
Trial court did not abuse its discretion in sentencing appellant to an active sentence of seventeen years, as permitted under appellant's plea agreement, for appellant's conviction of second-degree murder, Code § 18.2-32; appellant's claim that appellant's double jeopardy rights were violated are found to be without merit; counsel's Anders motion to withdraw is granted

1054222 Commonwealth of Virginia v. Richard Hendrick, s/k/a Richard Alvin Hendrick 12/29/2022
Trial court did not err in finding that officers lacked reasonable, articulable suspicion to justify a protective sweep of appellee's vehicle when they first encountered him at a traffic stop and even if appellee's statement regarding a gun charge provided that reasonable suspicion, the officers exceeded the permissible scope of a protective sweep

1270211 Patrick Austin Carolino v. Commonwealth of Virginia 12/29/2022
Trial court erred in admitting prior bad acts evidence in rebuttal solely to impeach the appellant's credibility regarding issues raised by the Commonwealth on cross-examination

1291211 Terrell Markese Cramer v. Commonwealth of Virginia 12/29/2022
No error in trial court's finding that evidence was sufficient to prove appellant had the requisite intent to assault and batter the officer

0013223 Sara JoAnne Martin v. Philip Martin and Donna Martin 12/20/2022
Trial court erred by not actually and clearly considering the statutory factors under Code § 20 124.3 in conducting its best interest of the children analysis and thus did not satisfy the basic requirements of the statute

0086221 Terry LaShawn Griffin v. Commonwealth of Virginia 12/20/2022
No error in trial court's finding that appellant's close proximity to the firearm and the circumstantial evidence that the items in the bag belonged to appellant provided sufficient evidence to support the conviction

0112223 Samuel Wayne Hale v. Commonwealth of Virginia 12/20/2022
Judgment of trial court affirmed where appellant was not prejudiced by the untimely amendments to the indictments as appellant understood at the time of his guilty pleas that he was subject to maximum punishments of life in prison for the convictions of attempted capital murder of a law enforcement officer

0203221 Jeffery Todd Hirschberg, s/k/a Jeffrey Todd Hirschberg v. Commonwealth of Virginia 12/20/2022
Appellant's argument regarding sufficiency of the evidence waived pursuant to Rule 5A:18; trial court did not abuse its discretion in admitting the testimony of the deputy about a prior encounter with law enforcement and mitigated any unfair prejudice with an instruction limiting the jury's consideration of the officer's testimony

0364222 Shinita Quinnette Banks-Grant v. Christopher Terrell Grant, Sr. 12/20/2022
Appellant's arguments waived on appeal for failure to comply with Rule 5A:20 and the record fails to develop or preserve her claims

0369221 Corey Antoine Anderson v. Commonwealth of Virginia 12/20/2022
Appellant's arguments regarding whether his guilty pleas were knowingly, voluntarily, and intelligently made waived pursuant to Rule 5A:18; trial court did not abuse its discretion in sentencing appellant

0388224 Joshua Dean Drenth v. Elizabeth Anne Drenth 12/20/2022
Judgment affirmed where any error by the trial court's application of the doctrine of recrimination was harmless as the evidence supported a no-fault ground of divorce; court properly compared evidence as to each parties' degrees of fault and economic circumstances when awarding spousal support; argument as to wife's attorney fees barred by Rule 5A:18

0475224 Lawrie Giannamore, f/k/a Lawrie G. Gullion v. William D. Gullion 12/20/2022
Trial court erred in finding the law of the case doctrine foreclosed further litigation on the voluntariness of appellee's termination

0737212 Jerry Wayne Remines v. Commonwealth of Virginia 12/20/2022
Trial court did not err in convicting appellant of multiple counts of possession of child pornography where the evidence showed he intentionally sought out child pornography, as demonstrated by his browser bookmarks, app chat history, and group memberships, and he accessed cached pornographic files

0943211 John Blount, Jr., v. Commonwealth of Virginia 12/20/2022
Trial court did not err in convicting appellant of rape, carnal knowledge, and taking indecent liberties, as the Commonwealth's evidence was competent, not inherently incredible, and sufficient to sustain the convictions; trial court did not abuse its discretion in denying appellant's motion for a new trial

1048224 Commonwealth of Virginia v. Nicholas Giampa 12/20/2022
Trial court did not err in suppressing appellee's statements where the Commonwealth failed to prove by a preponderance of the evidence that appellee knowingly and intelligently waived his Miranda rights during an interview at the hospital where he was being treated for a traumatic brain injury

1200212 Tedequez Taimark Jones v. Commonwealth of Virginia 12/20/2022
Trial court did not abuse its discretion in imposing an active term of incarceration upon revocation of appellant' sentences for the third time

1223211 Bradley Jay Brown v. Commonwealth of Virginia 12/20/2022
Judgment affirmed in part where the evidence was sufficient to convict appellant of aggravated malicious wounding, use of a firearm, possession of ammunition by a convicted felon, larceny of a firearm, maliciously discharging a firearm, and possession of a firearm by a violent felon; judgment reversed as to the common law armed burglary conviction

1294211 Randy Lee Harris, s/k/a Randy Lee Harris, Jr., v. Commonwealth of Virginia 12/20/2022
No error in trial court's finding that evidence was sufficient to prove appellant was the perpetrator of the burglary, grand larceny, and destruction of property offenses

1321212 Osmar Hernandez Santa Maria, a/k/a El Prince v. Commonwealth of Virginia 12/20/2022
Trial court did not err in finding sufficient evidence for jury to convict appellant of first-degree murder, two counts of use of a firearm in the commission of a felony, and three counts of attempted robbery

1641223 Robert Lee Jeffrey, Jr., v. Sherman Lea, Sr., et al. 12/20/2022
Judgment of trial court granting appellees' demurrer reversed where appellant did not join necessary parties to his declaratory judgment action

0018221 Eliejah Khalid Hasan Williams v. Commonwealth of Virginia 12/13/2022
Trial court did not err in finding sufficient evidence to convict appellant of abduction

0020222 Michael Allen Fauntleroy v. Commonwealth of Virginia 12/13/2022
Trial court did not abuse its discretion in revoking appellant's previously suspended sentence and imposing a one year and five month term of active incarceration

0030221 Daniel William Drier v. Commonwealth of Virginia 12/13/2022
Trial court did not err in denying appellant's motion to suppress where facts reveal appellant was not subjected to an unreasonable search and seizure as officer had reasonable suspicion to conduct the pat down

0187213 Antonio Tquan Terry, s/k/a Antonio T-Quan Terry v. Commonwealth of Virginia 12/13/2022
Judgment affirmed where there was no abuse of discretion when trial court concluded a juror did not intentionally lie during voir dire and found a correct response would not have provided a valid basis for challenge for cause; public confidence argument barred because it was not raised before the trial court

0232223 Edward L. Mahler v. Lawrence Perry and Associates, Inc. 12/13/2022
Judgment affirmed where appellant's second, third, fifth, sixth, eleventh, and sixteenth assignments of error do not address a specific trial court ruling, finding, or failure to rule, Rule 5A:20(c)(2); appellant's remaining assignments of error are waived because his brief contains insufficient legal analysis or authority, Rule 5A:20(e)

0275222 Craig Eugene Adams v. Commonwealth of Virginia 12/13/2022
Trial court did not err in denying appellant's motion to suppress evidence after applying the doctrine of inevitable discovery; no error in finding sufficient evidence to convict appellant of falsely identifying himself to a law enforcement officer, Code § 19.2-82.1

0307221 Euphrates Earl Bean v. Commonwealth of Virginia 12/13/2022
Judgment affirmed where a timely filed transcript or written statement of facts is indispensable to a determination of the assignments of error presented by appellant, Rule 5A:8

0377223 Lisa Michele Parker, a/k/a Lisa M. Parker v. Commonwealth of Virginia 12/13/2022
Evidence at trial was sufficient to support verdict of guilty of assault and battery of a law enforcement officer; trial court did not abuse its discretion in denying appellant's motion for a continuance where appellant did not establish surprise or prejudice or in denying appellant's proposed jury instructions

0387223 Angela Carol Summitt v. Commonwealth of Virginia 12/13/2022
Trial court did not abuse its discretion when it sentenced appellant to twenty years in prison with twelve years suspended for her conviction of distribution of methamphetamine and directed the sentence run consecutively with another sentence

0528221 Edward L. Watson v. Commonwealth of Virginia 12/13/2022
Judgment affirmed as appellant failed to produce an adequate appellate record for review of trial court's denial of appellant's motion to vacate certain convictions

0978211 Bryan Carl Cage v. Commonwealth of Virginia 12/13/2022
Judgment affirmed where any error by the trial court in joining the child pornography and shooting offenses for a single trial was harmless given the overwhelming admissible evidence of appellant's guilt for both sets of charges; trial court did not err in excluding evidence of the police dog attack on appellant after the initial shooting

1021211 David Keenan Brown v. Commonwealth of Virginia 12/13/2022
Judgment reversed as to appellant's conviction for driving under the influence of drugs pursuant to Code § 18.2-266 because the drugs at issue do not give rise to a statutory presumption of causation; judgment affirmed as to his conviction for following too closely, Code § 46.2-816

1052213 Antoine Juwan Jefferson v. Commonwealth of Virginia 12/13/2022
Trial court did not err in finding sufficient evidence to convict appellant of felony child abuse or neglect, Code § 18.2-371.1, and felony murder, Code § 18.2-33

1144213 Marty D. Foust v. Lawrence Brothers, Inc. and American Interstate Insurance Company 12/13/2022
Workers' Compensation Commission's opinion denying appellant's request for a cost of living adjustment is affirmed because this Court is without jurisdiction to review a deputy commissioner's findings; appellant's remaining arguments are waived under Rule 5A:20(e)

1146213 Marty D. Foust v. Lawrence Brothers, Inc. and American Interstate Insurance Company 12/13/2022
Workers' Compensation Commission's opinion denying appellant's request for certain medical and disability benefits is affirmed because appellant's opening brief does not comply with Rule 5A:20

1242211 Roquan Rogers v. Commonwealth of Virginia 12/13/2022
Trial court did not abuse its discretion in denying appellant's motion for a mistrial after a law enforcement officer testified about appellant's pending charge for conspiracy to distribute cocaine in an unrelated case where substantial evidence supported the conviction and the agent's isolated statement was not so prejudicial it could not be cured by a jury instruction

1244212 Ryan Taylor Potts v. Commonwealth of Virginia 12/13/2022
No error in trial court's finding evidence was sufficient to prove appellant committed assault and battery on the victim; appellant's argument regarding failure to appear conviction waived under Rule 5A:18

1349212 Raymond R. Kilburn v. Commonwealth of Virginia 12/13/2022
Trial court did not err in finding sufficient evidence to convict appellant of forcible sodomy

0092223 Derik William Pruett v. Commonwealth of Virginia 12/06/2022
Trial court did not err in finding sufficient evidence to convict appellant of possession of methamphetamine

0233223 Clay Chastain v. Bedford Regional Water Authority 12/06/2022
Judgment affirmed where the record contains evidence sufficiently probative to establish that the reasonableness of Bedford Regional Water Authority's connection fee policy is fairly debatable

0510212 Richmond Department of Social Services v. Jazlene Wells and Damien Roane 12/06/2022
Judgment reversed where appellant's evidence established the elements of Code § 16.1-283(B) and mother and father's parental rights are terminated

0554224 Ronald C. Devine v. Kevin Kiley and Lauren Kiley 12/06/2022
Trial court did not err in denying appellant's motion to strike and refusing to set aside the jury's verdict on the fraud-in-the-inducement claim; no abuse of discretion in trial court's refusal to give appellant's proposed Jury Instruction A

0583223 Derrick A. Edwards v. Glen Youngkin, Governor of Virginia, et al. 12/06/2022
Trial court did not err in concluding the allegations in support of appellant's petition for a writ of quo warranto were legally insufficient to authorize the issuance of the writ

0624224 Steven Bernarde Odoms v. Fairfax County Department of Family Services 12/06/2022
Trial court did not err in terminating appellant's parental rights under Code § 16.1-283(C)(2)

0635213 Brianna Michelle Tipton v. Commonwealth of Virginia 12/06/2022
Trial court did not abuse its discretion in admitting photographs of the victim's wounds, the statements identifying and authenticating the photographs, video footage, and photographs related to the condition of appellant's house

0896212 Trequan Devonte James v. Commonwealth of Virginia 12/06/2022
Judgment affirmed where trial court's refusal to exclude the firearm and photos on collateral estoppel grounds was not error; no abuse of discretion in admitting home security video footage; evidence sufficient to convict appellant of first-degree murder and use of a firearm; res judicata, double jeopardy, and foundation for video footage arguments are barred by Rule 5A:18

1186211 Sean James Horan v. Commonwealth of Virginia 12/06/2022
Judgment affirmed in part as to appellant's convictions for assault and battery of a law enforcement officer, attempt to disarm a law enforcement officer, criminal trespass, and disorderly conduct; judgment reversed as to appellant's conviction of attempting to prevent his arrest by fleeing from a law enforcement officer, Code § 18.2-460(E)

0404222 Lenny Dortch, s/k/a Lenny Riccardo Dortch v. Commonwealth of Virginia 11/29/2022
Trial court did not abuse its discretion in sentencing appellant to two life sentences for convictions of rape and abduction with intent to defile; counsel's Anders motion to withdraw is granted

0428222 Roy Lawrence Latta, III v. Commonwealth of Virginia 11/29/2022
Trial court did not err in finding sufficient evidence to convict appellant of felony eluding, Code § 46.2-817; counsel's Anders motion to withdraw is granted

0473222 David Matthew Vanwormer, s/k/a David Vanwormer v. Commonwealth of Virginia 11/29/2022
Judgment affirmed where appellant conceded he violated the terms of his supervised probation and the trial court did not abuse its discretion by imposing an active term of four years; argument that it was error to find appellant in violation based on hearsay evidence barred by Rule 5A:18; counsel's Anders motion to withdraw is granted

0503223 Garrett Patrick Chapin v. Commonwealth of Virginia 11/29/2022
Trial court did not abuse its discretion in revoking appellant's previous sentence of nineteen years suspended and resuspending fifteen years; counsel's Anders motion to withdraw is granted

0825211 Jeremiah Jay Jones, Jr. v. Commonwealth of Virginia 11/29/2022
The trial court did not err when it found sufficient evidence to convict appellant of attempted possession of a firearm while subject to a protective order, Code § 18.2-308.1:4(B), and two counts of making false statements on a firearm consent form, Code § 18.2-308.2:2(A)

1310212 Michael Alan Humphries v. Commonwealth of Virginia 11/29/2022
Trial court did not abuse its discretion by imposing the maximum active sentence permitted under appellant's plea agreement; counsel's Anders motion to withdraw is granted

1348213 Yolanda Velez v. Commonwealth of Virginia 11/29/2022
Trial court did not abuse its discretion in revoking appellant's suspended sentence and in imposing a sentence of one year and nine months of incarceration

1386213 William Swango Williams, II v. Lynchburg Department of Social Services 11/29/2022
Trial court did not err in terminating appellant's parental rights under Code § 16.1-283(C)(2)

0076221 Samuel David Yancey v. Commonwealth of Virginia 11/22/2022
Judgment affirmed where there was sufficient evidence to convict appellant of assault and battery under Code § 18.2-57(C); court's ruling on post-trial motions was a nullity and has not been preserved for appeal

0107222 James Daniel Bean v. Commonwealth of Virginia 11/22/2022
Judgment affirmed where there was sufficient evidence to convict appellant of violating Code § 18.2-474.3(C); trial court was not plainly wrong to reject appellant's defense of entrapment as the evidence did not support his argument

0142221 Dimantre LaShawn Hall-Randall v. Commonwealth of Virginia 11/22/2022
Trial court did not abuse its discretion in revoking appellant's suspended sentences and imposing the full terms in their entirety