Virginia Cases ©   Coverage   Help   Search Westlaw   Topic: AllCivil RightsCommercial Law & ContractsCriminal JusticeEducationEstate Planning & ProbateFamily LawGovernment BenefitsHealth & MedicineInsuranceLabor & EmploymentLegal EthicsPension & Retirement BenefitsReal PropertyTort LawWorkers Compensation ANTHONY EDEN v. COMMUNITY SYSTEMS, INC. AND DELOS INSURANCE , Va.App., February 9, 2010 FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION (Terry L. Armentrout; Armentrout & Armentrout, P.L.C., on brief), for appellant. (E. Albion Armfield; Frith Anderson & Peake, P.C., on brief), for appellees. Present: Judges Frank, Alston and Senior Judge Coleman MEMORANDUM OPINION [FN*] PER CURIAM Anthony Eden appeals a decision of the Workers' Compensation Commission finding that his injury did not arise out of an actual risk associated with his employment, to which the gen... LAND N SEA DISTRIBUTING, INC. AND ZURICH AMERICAN INSURANCE COMPANY v. JOHN A. DeHAVEN , Va.App., February 9, 2010 FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION Kathryn Lea Harman (Andrew M. Alexander; Semmes, Bowen & Semmes, on briefs), for appellants. W. David Falcon, Jr. (Chasen Boscolo, on brief), for appellee. Present: Judges Beales, Alston and Senior Judge Annunziata Argued at Alexandria, Virginia MEMORANDUM OPINION [FN*] BY JUDGE ROSEMARIE ANNUNZIATA Land N Sea Distributing, Inc. and Zurich American Insurance Company (employer) appeal the decision of the Virginia Workers' Compe... KIRKLAND L. HICKS v. ERICA SMITH-INGRAM, F/K/A ERICA SMITH-HICKS Benjamin N.A. Kendrick, Judge (Kirkland L. Hicks, pro se, on brief). (Erica Smith-Ingram, pro se, on brief). Kirkland L. Hicks (father) appeals a child support order. Father argue, Va.App., February 9, 2010 FROM THE CIRCUIT COURT OF ARLINGTON COUNTY Present: Judges Kelsey, Petty and Senior Judge Bumgardner MEMORANDUM OPINION [FN*] PER CURIAM [FN3]must affirmatively show a miscarriage of justice has occurred, not that a miscarriage might have occurred." Redman v. Commonwealth, 25 Va.App. 215, 221, 487 S.E.2d 269, 272 (1997) (citing Mounce v. Commonwealth, 4 Va.App. 433, 436, 357 S.E.2d 742, 744 (1987)). There was no miscarriage of justice in this case, and the ends of justice exceptio... KEITH RENDELL COLBERT v. COMMONWEALTH OF VIRGINIA , Va.App., February 9, 2010 FROM THE CIRCUIT COURT OF FAIRFAX COUNTY Present: Judges Beales, Alston and Senior Judge Annunziata Argued at Alexandria, Virginia MEMORANDUM OPINION [FN*] BY JUDGE ROSEMARIE ANNUNZIATA Randy I. Bellows, Judge Kate A. Garretson (The Garretson Law Firm, P.C., on brief), for appellant. John W. Blanton, Assistant Attorney General (William C. Mims, Attorney General, on brief), for appellee. Appellant was convicted of possession of cocaine with the intent to distribute. On appea... SEARS ROEBUCK & COMPANY, INDEMNITY INSURANCE COMPANY OF NORTH AMERICA/ESIS, INC. AND [FN*] SEDGWICK CMS v. WILLIAM LARRY CRUSE , Va.App., February 9, 2010 FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION Angela F. Gibbs (Kevin W. Cloe; Midkiff, Muncie & Ross, on brief), for appellants. No brief or argument for appellee. Present: Judges Beales, Powell and Alston Argued at Richmond, Virginia MEMORANDUM OPINION [FN*] BY JUDGE RANDOLPH A. BEALES Sears Roebuck & Company and its insurers (Sears) appeal from a decision of the Workers' Compensation Commission (the commission) that denied Sears's request for a hearing on its claim that... TRAVIS WAYNE LAMM, A/K/A TRAVIS LAMB v. COMMONWEALTH OF VIRGINIA , Va.App., February 9, 2010 FROM THE CIRCUIT COURT OF ALBEMARLE COUNTY Present: Judges Beales, Powell and Alston Argued at Richmond, Virginia OPINION BY JUDGE RANDOLPH A. BEALES Cheryl V. Higgins, Judge Christopher C. Graham (Eustis & Graham, PC, on brief), for appellant. Kathleen B. Martin, Senior Assistant Attorney General (William C. Mims, Attorney General, on brief), for appellee. Travis Wayne Lamm (appellant) was convicted by a jury of aggravated malicious wounding, pursuant to Code § 18.2-51.2. H... JOSHUA TYREE MURPHY v. COMMONWEALTH OF VIRGINIA , Va.App., February 9, 2010 FROM THE CIRCUIT COURT OF THE CITY OF RICHMOND Present: Judges Kelsey, Haley and Senior Judge Bumgardner Argued at Chesapeake, Virginia MEMORANDUM OPINION [FN*] BY JUDGE JAMES W. HALEY, JR. Clarence N. Jenkins, Jr., Judge Catherine French, Assistant Public Defender (Office of the Public Defender, on brief), for appellant. Robert H. Anderson, III, Senior Assistant Attorney General (William C. Mims, Attorney General, on brief), for appellee. I. After a bench trial, the circu... JERMAINE LEVON LYONS v. COMMONWEALTH OF VIRGINIA , Va.App., February 9, 2010 FROM THE CIRCUIT COURT OF THE CITY OF HAMPTON Present: Judges Kelsey, Haley and Senior Judge Bumgardner Argued at Chesapeake, Virginia MEMORANDUM OPINION [FN1] BY JUDGE JAMES W. HALEY, JR. Christopher W. Hutton, Judge Kimberly Enderson Hensley, Assistant Public Defender (Office of the Public Defender, on brief), for appellant. Alice T. Armstrong, Assistant Attorney General II (William C. Mims, Attorney General, on brief), for appellee. I. INTRODUCTION Code § 18.2-472.1(B) ... J. MICHAEL SHARMAN, ETC. v. CATHERINE P. GILLEPSIE AND ANDRE HAKES , Va.App., February 9, 2010 FROM THE CIRCUIT COURT OF ORANGE COUNTY Present: Judges Beales, Powell and Alston Argued at Richmond, Virginia MEMORANDUM OPINION [FN*] BY JUDGE ROSSIE D. ALSTON, JR. Daniel R. Bouton, Judge (J. Michael Sharman, Guardian ad litem for infant child; Commonwealth Law Offices, P.C., on briefs), for appellant. Appellant submitting on briefs. Bruce R. Williamson, Jr. (Dana M. Slater; Tucker Griffin Barnes, P.C., on brief), for appellees. J. Michael Sharman (appellant), [FN1] th... TYREE MACARTHUR COLEY v. COMMONWEALTH OF VIRGINIA , Va.App., February 9, 2010 FROM THE CIRCUIT COURT OF THE CITY OF RICHMOND Present: Judges Frank, Kelsey and Haley Argued by teleconference OPINION BY JUDGE ROBERT P. FRANK Theodore J. Markow, Judge Gregory R. Sheldon (Bain Sheldon, P.L.C., on brief), for appellant. Robert H. Anderson, III, Senior Assistant Attorney General (William C. Mims, Attorney General, on brief), for appellee. Tyree MacArthur Coley, appellant, appeals his convictions, following a bench trial, for evading and eluding, in violatio... LOTHARIO SWIGGETT v. COMMONWEALTH OF VIRGINIA , Va.App., February 9, 2010 FROM THE CIRCUIT COURT OF THE CITY OF HAMPTON Present: Judges Frank, McClanahan and Petty Argued by teleconference MEMORANDUM OPINION [FN*] BY JUDGE ELIZABETH A. McCLANAHAN Christopher W. Hutton, Judge [FN1] John E. Robins, Jr. (Office of the Public Defender, on brief), for appellant. Karen Misbach, Assistant Attorney General II (William C. Mims, Attorney General, on brief), for appellee. Lothario Swiggett appeals from his conviction in a bench trial for grand larceny of a s... Clyde A. HOLMES v. Amy HOLMES. , Va.App., February 2, 2010 From the Circuit Court of the City of Virginia Beach, H. Thomas Padrick, Jr., Judge. (Robert G. Byrum; Shames & Byrum, P.C., on brief), for appellant. (Kim M. Crump, on brief), for appellee. Present: McCLANAHAN and HALEY, JJ., and WILLIS, S.J. MEMORANDUM OPINION [FN*] FN* Pursuant to Code § 17.1-413, this opinion is not designated for publication. PER CURIAM. Clyde A. Holmes (husband) appeals the final decree of divorce, entered on June 26, 2009. Husband argues that the trial... David NELSON v. COMMONWEALTH of Virginia. , Va.App., February 2, 2010 From the Circuit Court of Fairfax County, Marcus D. Williams, Judge. Patrick M. Blanch (Office of the Public Defender, on brief), for appellant. John W. Blanton, Assistant Attorney General (William C. Mims, Attorney General; Joshua M. Didlake, Assistant Attorney General, on brief), for appellee. Present: BEALES and ALSTON, JJ., and ANNUNZIATA, S.J. MEMORANDUM OPINION [FN*] FN* Pursuant to Code § 17.1-413, this opinion is not designated for publication. ALSTON, JR., Judge. David ... Monzer R. CHORBAJI v. Marva D. SIMPSON. , Va.App., February 2, 2010 From the Circuit Court of Arlington County, Benjamin N.A. Kendrick, Judge. (Michelle C. Thomas; M.C. Thomas & Associates, PC, on brief), for appellant. [FN1] (Debra A. Goldenberg; Goldenberg & Phillips, P.C., on brief), for appellee. Present: HUMPHREYS, POWELL, JJ., and CLEMENTS, S.J. MEMORANDUM OPINION [FN*] PER CURIAM. Monzer R. Chorbaji (husband) appeals the trial court's final order regarding custody, visitation, child support, grounds for divorce, equitable distribution, and at... JEFFERDS CORPORATION and Pennsylvania Manufacturing Indemnity Insurance Company v. Lawrence G. NELSON. , Va.App., February 2, 2010 From the Virginia Workers' Compensation Commission. (Richard D. Lucas; Lucas & Kite, PLC, on brief), for appellants. (John W. Swezey, on brief), for appellee. Present: KELSEY and PETTY, JJ., and BUMGARDNER, S.J. MEMORANDUM OPINION [FN*] FN* Pursuant to Code § 17.1-413, this opinion is not designated for publication. PER CURIAM. Jefferds Corporation, and its insurer, Pennsylvania Manufacturing Indemnity Insurance Company (collectively "employer"), appeal a decision of the Work... Vincent M. AMBERLY v. Judith N. AMBERLY. , Va.App., February 2, 2010 From the Circuit Court of Fairfax County, Gaylord Finch, Judge. (Vincent M. Amberly, pro se, on briefs). (Aaron J. Christoff; The Lewis Law Firm, on brief), for appellee. Present: HUMPHREYS, POWELL JJ., and CLEMENTS, S.J. MEMORANDUM OPINION [FN*] FN* Pursuant to Code § 17.1-413, this opinion is not designated for publication. PER CURIAM. Vincent M. Amberly, husband, appeals an order denying his motion to reduce or terminate his monthly spousal support obligation. Husband argu... Deonne Lamonn BOONE v. COMMONWEALTH of Virginia. , Va.App., February 2, 2010 From the Circuit Court of the City of Norfolk, Joseph A. Leafe, Judge. B. Thomas Reed for appellant. Karen Misbach, Assistant Attorney General II (William C. Mims, Attorney General, on brief), for appellee. Present: KELSEY and HALEY, JJ., and BUMGARDNER, S.J. MEMORANDUM OPINION [FN*] FN* Pursuant to Code § 17.1-413, this opinion is not designated for publication. BUMGARDNER, III, Judge. Deonne Lamonn Boone appeals his conviction of malicious wounding while part of a mob, Code... Josephine LEE v. SOUTHSIDE VIRGINIA TRAINING CENTER. , Va.App., February 2, 2010 From the Circuit Court of Dinwiddie County, Thomas V. Warren, Judge. Richard F. Hawkins, III (The Hawkins Law Firm, on brief), for appellant. Gregory C. Fleming, Senior Assistant Attorney General (William C. Mims, Attorney General; Maureen Riley Matsen, Deputy Attorney General; Peter R. Messitt, Senior Assistant Attorney General, on brief), for appellee. Present: FRANK, KELSEY and HALEY, JJ. MEMORANDUM OPINION [FN*] FN* Pursuant to Code § 17.1-413, this opinion is not designated for... Worth WILSON, III v. COMMONWEALTH of Virginia. , Va.App., February 2, 2010 From the Circuit Court of the City of Suffolk, Rodham T. Delk, Jr ., Judge. James L. Grandfield, Public Defender, for appellant. Kathleen B. Martin, Senior Assistant Attorney General (William C. Mims, Attorney General, on brief), for appellee. Present: KELSEY and HALEY, JJ., and BUMGARDNER, S.J. MEMORANDUM OPINION [FN*] FN* Pursuant to Code § 17.1-413, this opinion is not designated for publication. HALEY, Judge. I. INTRODUCTION Worth Wilson, III, appeals his convictions for p... STATE of West Virginia by Ronald E. RADCLIFF, Commissioner, Bureau of Employment Programs, Unemployment Compensation Division, Plaintiffs Below, Appellants, v. Perry D. DAVIDSON, Defendant Below, Appellee. , W.Va., January 29, 2010 Syllabus by the Court "In reviewing challenges to the findings and conclusions of the circuit court made after a bench trial, a two-pronged deferential standard of review is applied. The final order and the ultimate disposition are reviewed under an abuse of discretion standard, and the circuit court's underlying factual findings are reviewed under a clearly erroneous standard. Questions of law are subject to a de novo review." Syllabus Point 1, Public Citizen, Inc. v. First Nat. Bank in Fairmon... LAWYER DISCIPLINARY BOARD, Complainant, v. Jeffrey L. BARTON, A Member of the West Virginia State Bar, Respondent. , W.Va., January 29, 2010 Syllabus by the Court 1. " 'This Court is the final arbiter of legal ethics problems and must make the ultimate decisions about public reprimands, suspensions or annulments of attorneys' licenses to practice law.' Syllabus point 3, Committee on Legal Ethics of the West Virginia State Bar v. Blair, 174 W. Va. 494, 327 S.E.2d 671 (1984)." Syllabus point 1, Lawyer Disciplinary Board v. Scott, 213 W. Va. 209, 579 S.E.2d 550 (2003). 2. "A de novo standard applies to a review of the adjudicatory re... LAWYER DISCIPLINARY BOARD, Complainant, v. Kenneth E. CHITTUM, Respondent. , W.Va., January 29, 2010 Syllabus by the Court 1. "A de novo standard applies to a review of the adjudicatory record made before the Committee on Legal Ethics of the West Virginia State Bar [currently, the Hearing Panel Subcommittee of the Lawyer Disciplinary Board] as to questions of law, questions of application of the law to the facts, and questions of appropriate sanctions; this Court gives respectful consideration to the Committee's recommendations while ultimately exercising its own independent judgement. On the o... STATE of West Virginia ex rel. MARSHALL COUNTY COMMISSION and Marshall County Communication 911, Petitioners v. Phyllis H. CARTER, Administrative Law Judge, West Virginia Human Rights Commission and John R. Briggs, Respondents. , W.Va., January 29, 2010 Syllabus by the Court 1. "The general procedure involved with discovery of allegedly privileged documents is as follows: (1) the party seeking the documents must do so in accordance with the reasonable particularity requirement of Rule 34(b) of the West Virginia Rules of Civil Procedure; (2) if the responding party asserts a privilege to any of the specific documents requested, the responding party shall file a privilege log that identifies the document for which a privilege is claimed by name, ... Langley and INEZ France, individually and as the Parents and Next Friends of Robert France, a minor, Plaintiffs Below, Appellants v. SOUTHERN EQUIPMENT COMPANY, a West Virginia Corporation; and Quality Metal Roof Manufacturing and Sales, Inc., a We, W.Va., January 28, 2010 Syllabus by the Court 1. "The determination of whether a defendant in a particular case owes a duty to the plaintiff is not a factual question for the jury; rather the determination of whether a plaintiff is owed a duty of care by a defendant must be rendered by the court as a matter of law." Syllabus Point 5, Aikens v. Debow, 208 W.Va. 486, 541 S.E.2d 576 (2000). 2. "There are four general factors which bear upon whether a master-servant relationship exists for purposes of the doctrine of respo... Danny L. BENSON, Plaintiff Below, Appellee, v. AJR, INC., A West Virginia Corporation, and John M. Rhodes, Defendants Below, Appellants. , W.Va., January 28, 2010 Syllabus by the Court 1. "A circuit court's interpretation of a mandate of this Court and whether the circuit court complied with such mandate are questions of law that are reviewed de novo." Syllabus point 4, State ex rel. Frazier & Oxley, L.C. v. Cummings, 214 W. Va. 802, 591 S.E.2d 728 (2003). 2. "An appellant must carry the burden of showing error in the judgment of which he complains. This Court will not reverse the judgment of a trial court unless error affirmatively appears from the re... Marcus Darius FORD v. COMMONWEALTH of Virginia. , Va.App., January 26, 2010 From the Circuit Court of Chesterfield County, Timothy J. Hauler, Judge. David Paul Morgan (The Law Firm of David Paul Morgan, on brief), for appellant. Jennifer C. Williamson, Assistant Attorney General (William C. Mims, Attorney General, on brief), for appellee. Present: FRANK, McCLANAHAN and PETTY, JJ. McCLANAHAN, Judge. Marcus Darius Ford appeals his convictions in a jury trial for transporting more than five pounds of marijuana into the Commonwealth with intent to distribut... John Wade DYER v. COMMONWEALTH of Virginia. , Va.App., January 26, 2010 From the Circuit Court of Albemarle County, Paul M. Peatross, Jr., Judge Designate. Jessica M. Bulos, Assistant Appellate Defender (Office of the Appellate Defender, on briefs), for appellant. Josephine F. Whalen, Assistant Attorney General II (William C. Mims, Attorney General, on brief), for appellee. Present: BEALES, POWELL and ALSTON, JJ. MEMORANDUM OPINION [FN*] FN* Pursuant to Code § 17.1-413, this opinion is not designated for publication. POWELL, Judge. John Wade Dyer ("D... Ricky G. DAVIS, s/k/a Ricky Glendall Davis. v. COMMONWEALTH of Virginia. , Va.App., January 26, 2010 From the Circuit Court of the City of Suffolk, Westbrook J. Parker, Judge. Jean Veness, Assistant Public Defender, for appellant. Donald E. Jeffrey, III, Senior Assistant Attorney General (William C. Mims, Attorney General, on brief), for appellee. Present: KELSEY, HALEY, JJ., and BUMGARDNER, S.J. MEMORANDUM OPINION [FN*] FN* Pursuant to Code § 17.1-413, this opinion is not designated for publication. BUMGARDNER, Judge. Ricky G. Davis appeals his conviction of possession of expl... Tony Jermaine WALKER v. COMMONWEALTH of Virginia. , Va.App., January 26, 2010 From the Circuit Court of the City of Hampton, Wilford Taylor, Jr ., Judge. John E. Robins, Jr. (Office of the Public Defender, on briefs), for appellant. Erin M. Kulpa, Assistant Attorney General (William C. Mims, Attorney General, on brief), for appellee. Present: KELSEY and HALEY, JJ., and BUMGARDNER, S.J. MEMORANDUM OPINION [FN*] FN* Pursuant to Code § 17.1-413, this opinion is not designated for publication. BUMGARDNER, Judge. Tony Jermaine Walker appeals his conviction of ... Bernard L. DINICOLA, Jr. v. TARGET CORPORATION. , Va.App., January 26, 2010 From the Virginia Workers' Compensation Commission. (Joseph T. Trapeni, Jr., on brief), for appellant. (Joseph F. Giordano; Pia J. Miller; Semmes, Bowen & Semmes, on brief), for appellee. Present: ELDER and BEALES, JJ., and ANNUNZIATA, S.J. MEMORANDUM OPINION [FN*] FN* Pursuant to Code § 17.1-413, this opinion is not designated for publication. PER CURIAM. Bernard DiNicola appeals a decision of the Workers' Compensation Commission finding that he failed to establish that the ... Ahmed Izzeldon OSMAN v. COMMONWEALTH of Virginia. , Va.App., January 26, 2010 From the Circuit Court of Fairfax County, Stanley P. Klein, Judge. Eric E. Clingan (Clingan Tull Easley, PLLC, on briefs), for appellant. Donald E. Jeffrey, III, Senior Assistant Attorney General (William C. Mims, Attorney General, on brief), for appellee. MEMORANDUM OPINION [FN*] FN* Pursuant to Code § 17.1-413, this opinion is not designated for publication. ANNUNZIATA, Judge. Ahmed Izzeldon Osman, appellant, was convicted by a jury of first-degree murder, robbery, and use of a... Rod Freeman HOBBS v. Anthony CONYERS, Commissioner Virginia Department of Social Services. , Va.App., January 26, 2010 From the Circuit Court of the City of Virginia Beach, Frederick B. Lowe, Judge. James O. Broccoletti (Zoby & Broccoletti, P.C., on brief), for appellant. Cheryl A. Wilkerson, Senior Assistant Attorney General (William C. Mims, Attorney General; David E. Johnson, Deputy Attorney General; Kim F. Piner, Senior Assistant Attorney General, on brief), for appellee. Present: HUMPHREYS and McCLANAHAN, JJ., and WILLIS, S.J. MEMORANDUM OPINION [FN*] FN* Pursuant to Code § 17.1-413, this opini... William Jurdan DAVIS, Jr. v. Martha Fern Atkinson DAVIS. , Va.App., January 26, 2010 From the Circuit Court of Madison County, Daniel R. Bouton, Judge. Ronald R. Tweel (Michie, Hamlett, Lowery, Rasmussen & Tweel, PLLC, on briefs), for appellant. Thomas M. Purcell (Gail Starling Marshall; Thomas M. Purcell, P.C ., on brief), for appellee. Present: FRANK, KELSEY and HALEY, JJ. MEMORANDUM OPINION [FN*] FN* Pursuant to Code § 17.1-413, this opinion is not designated for publication. FRANK, Judge. William Jurdan Davis, Jr., appellant (husband), contends the trial cou... Kevin L. HOLLOWAY v. COMMONWEALTH of Virginia. , Va.App., January 26, 2010 From the Circuit Court of the City of Portsmouth, Johnny E. Morrison, Judge. S. Jane Chittom, Appellate Defender (Office of the Appellate Defender, on brief), for appellant. Leah A. Darron, Senior Assistant Attorney General (William C. Mims, Attorney General, on brief), for appellee. Present: ELDER, ALSTON, JJ., and CLEMENTS, S.J. ALSTON, JR., Judge. Kevin L. Holloway (appellant) was convicted of possession with intent to distribute an imitation controlled substance, in violatio... Cody Jarrell ROBINSON v. COMMONWEALTH of Virginia. , Va.App., January 19, 2010 From the Circuit Court of the City of Richmond, Clarence N. Jenkins, Jr., Judge. Cassandra M. Hausrath, Assistant Public Defender (Office of the Public Defender, on briefs), for appellant. John W. Blanton, Assistant Attorney General (William C. Mims, Attorney General, on brief), for appellee. Present: FRANK, KELSEY and HALEY, JJ. MEMORANDUM OPINION [FN*] FN* Pursuant to Code § 17.1-413, this opinion is not designated for publication. HALEY, Judge. I. INTRODUCTION Appealing his ... Matthew L. WOOTEN v. INTERMET FOUNDRY and Liberty Mutual Fire Insurance Company. , Va.App., January 19, 2010 From the Virginia Workers' Compensation Commission. (Matthew L. Wooten, pro se, on briefs). (Jeffrey W. Saunders; Dannielle C. Hall-McIvor; Taylor & Walker, P.C., on brief), for appellees. Present: FRANK and ALSTON, JJ., and COLEMAN, S.J. MEMORANDUM OPINION [FN*] FN* Pursuant to Code § 17.1-413, this opinion is not designated for publication. PER CURIAM. Matthew L. Wooten (claimant) appeals a decision of the Workers' Compensation Commission finding that (1) his claim for trea... Gregory Bryce TANNER v. COMMONWEALTH of Virginia. , Va.App., January 19, 2010 From the Circuit Court of Arlington County, James F. Almand, Judge. Sara M. Bieker (Office of the Public Defender, on brief), for appellant. Craig W. Stallard, Assistant Attorney General (William C. Mims, Attorney General, on brief), for appellee. Present: KELSEY, HALEY and POWELL, JJ. MEMORANDUM OPINION [FN*] FN* Pursuant to Code § 17.1-413, this opinion is not designated for publication. HALEY, JR., Judge. I. INTRODUCTION Appealing his conviction for grand larceny in violati... Terry Lynn SULLIVAN v. COMMONWEALTH of Virginia. , Va.App., January 19, 2010 From the Circuit Court of Augusta County, Victor V. Ludwig, Judge. Dana R. Cormier, for appellant. Jennifer C. Williamson, Assistant Attorney General (William C. Mims, Attorney General, on brief), for appellee. Present: McCLANAHAN, HALEY and BEALES, JJ. MEMORANDUM OPINION [FN*] FN* Pursuant to Code § 17.1-413, this opinion is not designated for publication. HALEY, Judge. Terry Lynn Sullivan ("Sullivan") appeals her conviction for animal cruelty in violation of former Code § 3... Jonathan Wayne BROWN v. COMMONWEALTH of Virginia. , Va.App., January 19, 2010 From the Circuit Court of Henrico County, Burnett Miller, III, Judge. Mufeed W. Said (Mufeed W. Said, P.L.L.C., on brief), for appellant. Kathleen B. Martin, Senior Assistant Attorney General (William C. Mims, Attorney General; Joshua M. Didlake, Assistant Attorney General, on brief), for appellee. Present: FRANK, KELSEY and HALEY, JJ. MEMORANDUM OPINION [FN*] FN* Pursuant to Code § 17.1-413, this opinion is not designated for publication. HALEY, Judge. I. INTRODUCTION Appeal... Alton Nelson WILDER v. COMMONWEALTH of Virginia. , Va.App., January 19, 2010 Holdings: The Court of Appeals, Humphreys, J., held that: (1) statements made by eyewitness during a 911 call were admissible under the exception to the hearsay rule for present sense impressions; (2) the statements were testimonial in nature, such that admission of the statements violated defendant's right of confrontation; and (3) evidence was sufficient to support the conviction, and thus retrial would not violate double jeopardy principles. Reversed and remanded. Lenita J. El... Ivan TELEGUZ, Petitioner, v. WARDEN OF the SUSSEX I STATE PRISON, Respondent. , Va., January 15, 2010 Upon a Petition for a Writ of Habeas Corpus. Upon consideration of the petition for a writ of habeas corpus filed April 21, 2008, and the respondent's motion to dismiss, the Court is of the opinion that the motion should be granted and the writ should not issue. Ivan Teleguz was convicted in the Circuit Court of Rockingham County of capital murder for hire. Finding that the Commonwealth had proven the aggravating factors of "future dangerousness" and "vileness" beyond a reasonable doubt, s... VIRGINIA HOME FOR BOYS AND GIRLS v. William Ray PHILLIPS, et al. , Va., January 15, 2010 From the Circuit Court of Sussex County, Sam Campbell, Judge. Present: KEENAN, KOONTZ, KINSER, LEMONS, GOODWYN, and MILLETTE, JJ., and RUSSELL, S.J. OPINION BY Senior Justice CHARLES S. RUSSELL. This is a dispute between a devisee under a will and a relative of the testator claiming under an oral agreement. It involves the "Dead Man's Statute," Code § 8.01-397, and the Statute of Frauds, Code § 17-2. Facts and Proceedings In accordance with familiar principles of appellate review, ... Michael Dwayne VAUGHN, Appellant, v. COMMONWEALTH of Virginia, Appellee. , Va., January 15, 2010 Upon an appeal from a judgment rendered by the Court of Appeals of Virginia. Upon consideration of the record, briefs, and argument of counsel, the Court affirms the judgment of the Court of Appeals but vacates its opinion in part. The defendant, Michael Dwayne Vaughn, was convicted and sentenced in the Circuit Court of Henry County for grand larceny in violation of Code § 18.2- 95. The Court of Appeals affirmed the circuit court's judgment. Vaughn v. Commonwealth, 53 Va.App. 643, 653-54,... Cardell Lamont AVENT v. COMMONWEALTH of Virginia. , Va., January 15, 2010 From the Court of Appeals of Virginia. Present: All the Justices. OPINION BY Justice DONALD W. LEMONS. Cardell Lamont Avent ("Avent") was convicted by a jury on charges of first-degree murder in violation of Code § 18.2-32 and use of a firearm in the commission of a felony in violation of Code § 18.2-53.1. In this appeal, we consider multiple assignments of error arising from these convictions. I. FACTS AND PROCEEDINGS BELOW [FN1] FN1. Avent was tried separately from Meloni Thomas ... COMMONWEALTH of Virginia v. Tavares Lamont BROWN. , Va., January 15, 2010 From the Court of Appeals of Virginia. Present: All the Justices. OPINION BY Justice S. BERNARD GOODWYN. In this appeal we consider whether the Court of Appeals may reverse a circuit court's judgment on a basis not argued on appeal by the appellant. Background On October 24, 2006, Officer Morris Patrick Warner (Warner) of the Richmond Police Department received a police radio dispatch regarding two individuals selling drugs near a pedestrian bridge that crosses over the Downtown Exp... Gordon H. HARRIS v. COMMONWEALTH of Virginia. , Va., January 15, 2010 From the Circuit Court of Henrico County, Burnett Miller, III, Judge. Present: All the Justices. OPINION BY Justice CYNTHIA D. KINSER. Pursuant to the Civil Commitment of Sexually Violent Predators Act (the Act), Code §§ 37.2-900 through -920, the Commonwealth filed a petition seeking to have Gordon H. Harris classified as a sexually violent predator and civilly committed for treatment. The circuit court found by clear and convincing evidence that Harris was a sexually violent predato... James Gregory LOGAN v. COMMONWEALTH of Virginia. , Va., January 15, 2010 From the Court of Appeals of Virginia. Present: HASSELL, C.J., KEENAN, KOONTZ, KINSER, LEMONS, and MILLETTE, JJ., and RUSSELL, S.J. OPINION BY Senior Justice CHARLES S. RUSSELL. This appeal requires us to revisit the question of the application of the exclusionary rule to probation revocation proceedings. Reaffirming our holding in Anderson v. Commonwealth, 251 Va. 437, 470 S.E.2d 862 (1996), we hold that the exclusionary rule is not applicable in probation revocation proceedings abs... Ronald Lee JONES v. COMMONWEALTH of Virginia. , Va., January 15, 2010 From the Court of Appeals of Virginia. Present: HASSELL, C.J., KEENAN, KOONTZ, KINSER, LEMONS, GOODWYN, JJ., and LACY, S.J. OPINION BY Justice BARBARA MILANO KEENAN. In this appeal, we review a defendant's conviction for unreasonably refusing to submit to a blood or breath test after being arrested for driving under the influence of alcohol. We decide 1) whether a court may consider a defendant's refusal to participate in "field sobriety tests" [FN1] as evidence in determining wheth... Gerald Lorenzo ANDERSON v. COMMONWEALTH of Virginia. , Va., January 15, 2010 From the Court of Appeals of Virginia. Present: HASSELL, C.J., KOONTZ, KINSER, LEMONS, GOODWYN, and MILLETTE, JJ., and CARRICO, S.J. OPINION BY Justice LAWRENCE L. KOONTZ, JR. In this appeal, we consider the denial of a defendant's motion to suppress the statements he made to the police before and after being advised of his rights under Miranda v. Arizona, 384 U.S. 436, 474-75 (1966). The principal issue we consider is whether the public safety exception to the Miranda rule, recognized ... William Joseph BURNS v. COMMONWEALTH of Virginia. , Va., January 15, 2010 From the Circuit Court of Shenandoah County, Dennis L. Hupp, Judge. Present: HASSELL, C.J., KEENAN, KOONTZ, KINSER, LEMONS, and GOODWYN, JJ., and RUSSELL, S.J. OPINION BY Justice S. BERNARD GOODWYN. In this appeal we consider whether the circuit court erred in granting summary judgment to the Commonwealth in a proceeding remanded to the circuit court, pursuant to Code § 8.01-654.2, for determination of a claim of mental retardation by a person sentenced to death for a capital offense... Meloni THOMAS v. COMMONWEALTH of Virginia. , Va., January 15, 2010 From the Court of Appeals of Virginia. Present: All the Justices. OPINION BY Justice DONALD W. LEMONS. In this appeal, we consider multiple assignments of error arising from Meloni A. Thomas' ("Thomas") convictions of first degree murder and use of firearm in the commission of a felony. I. Facts and Proceedings Below [FN1] FN1. Thomas was tried separately from Cardell Lamont Avent ("Avent"), who was also charged and convicted for his participation in the crimes. See Avent v. Common... Aubrey Dwight JONES, Jr. v. COMMONWEALTH of Virginia. , Va., January 15, 2010 From the Court of Appeals of Virginia. Present: HASSELL, C.J., KOONTZ, KINSER, LEMONS, GOODWYN, and MILLETTE, JJ., and LACY, S.J. OPINION BY Senior Justice ELIZABETH B. LACY. Aubrey Dwight Jones appeals from a judgment of the Court of Appeals affirming his convictions in the Circuit Court of the City of Hampton for burglary while armed with a deadly weapon, conspiracy to commit burglary, and wearing body armor while committing a crime, violations of Code §§ 18.2-91, 18.2-22 and--91, ... Terrick D. BARNES v. COMMONWEALTH of Virginia. , Va., January 15, 2010 From the Court of Appeals of Virginia. Present: All the Justices. OPINION BY CHIEF Justice LEROY ROUNTREE HASSELL, SR. I. In this appeal from the Court of Appeals, the primary issue we consider is whether a search warrant affidavit satisfied the probable cause requirement established by the United States Supreme Court in Franks v. Delaware, 438 U.S. 154 (1978). II. Terrick D. Barnes was indicted by a grand jury in the Circuit Court of the City of Alexandria for the unlawful, fe... Milton MURILLO-RODRIGUEZ v. COMMONWEALTH of Virginia. , Va., January 15, 2010 From the Court of Appeals of Virginia. Present: All the Justices. OPINION BY Justice LAWRENCE L. KOONTZ, JR. Milton Murillo-Rodriguez appeals from a judgment of the Court of Appeals of Virginia refusing his petition seeking an appeal of his conviction for abduction with intent to defile in violation of Code § 18.2-48. The Court of Appeals held Murillo-Rodriguez's failure to make either a motion to strike at the conclusion of all the evidence or a motion to set aside the jury's verdict co... Dwayne Jamar BROWN v. Commonwealth of Virginia Demetrious Omar Brown v. Commonwealth of Virginia. , Va., January 15, 2010 From the Court of Appeals of Virginia. Present: KOONTZ, KINSER, LEMONS, GOODWYN, and MILLETTE, JJ., and CARRICO and RUSSELL, S.JJ. OPINION BY Justice S. BERNARD GOODWYN. In these appeals, we consider whether a juvenile who has been tried as an adult and found guilty of a crime that has a mandatory minimum sentence may be sentenced to a juvenile disposition, pursuant to Code § 16.1-272, rather than the mandatory minimum sentence. As a preliminary matter, we also consider whether the Co... Leonard Terrell WHITAKER v. COMMONWEALTH of Virginia. , Va., January 15, 2010 From the Court of Appeals of Virginia. Present: HASSELL, C.J., KOONTZ, KINSER, LEMONS, GOODWYN, and MILLETTE, JJ., and CARRICO, S.J. OPINION BY Senior Justice HARRY L. CARRICO. The primary issue in this appeal is whether the circuit court erred in denying a defense motion to suppress the evidence on charges brought against the defendant, Leonard Terrell Whitaker, in the Circuit Court of the City of Richmond. The charges consisted of possession of a firearm while in possession of a co... Scott A. ROBERTS v. CSX TRANSPORTATION, INC. , Va., January 15, 2010 From the Circuit Court of the City of Richmond, Clarence N. Jenkins, Jr., Judge. Present: All the Justices. OPINION BY Justice CYNTHIA D. KINSER. This appeal arises out of an action brought under the Federal Employers' Liability Act (FELA), 45 U.S.C. §§ 51-60 (2006 & Supp. I 2007), in which Scott Allen Roberts alleged that he suffered personal injury while working for CSX Transportation, Inc. (CSX). Following a two-day trial, a jury found that although Roberts sustained $280,000 in da... Kelis Allen HAMILTON v. COMMONWEALTH of Virginia. , Va., January 15, 2010 From the Court of Appeals of Virginia. Present: All the Justices. OPINION BY Justice CYNTHIA D. KINSER. Kelis Allen Hamilton was convicted by jury trial in the Circuit Court of Augusta County of three counts of assault and battery by a mob in violation of Code § 18.2-42 and one count of participating in a criminal street gang in violation of Code § 18.2-46.2. Because we conclude that the evidence was sufficient to sustain these convictions, we will affirm the judgment of the Court of ... Bea ANTISDEL, as Personal Representative of Peter Antisdel, Deceased v. Jeffrey A. ASHBY, M.D., et al. , Va., January 15, 2010 From the Circuit Court of Shenandoah County, Dennis Lee Hupp, Judge. Present: All the Justices. OPINION BY Justice BARBARA MILANO KEENAN. In this appeal, we consider whether the circuit court erred in holding that an administrator of an estate appointed solely for the purpose of bringing a wrongful death action under Code § 8.01-50 lacked standing to assert survival claims on behalf of the estate. Peter Antisdel died from a self-inflicted gunshot wound in August 2003. In 2005, his ... Joshua B. SHAPIRO v. Frederick YOUNKIN, Jr. , Va., January 15, 2010 From the Circuit Court of the City of Virginia Beach, Patricia L. West, Judge. Present: All the Justices. OPINION BY Justice LEROY F. MILLETTE, JR. In this appeal, we consider whether the trial judge erred in dismissing with prejudice a plaintiff's appeal from a general district court judgment based on the plaintiff's failure to obtain the services of a court reporter in contravention of the circuit court's general directive that a court reporter be present at the trial of all civil case... VIRGINIA EMPLOYMENT COMMISSION v. KIMBERLY D. TRENT , Va.App., January 12, 2010 FROM THE CIRCUIT COURT OF THE CITY OF RICHMOND Present: Judges Frank, Kelsey and Haley Argued at Richmond, Virginia OPINION BY JUDGE D. ARTHUR KELSEY Margaret P. Spencer, Judge Elizabeth B. Peay, Assistant Attorney General (William C. Mims, Attorney General, on brief), for appellant. Martin Wegbreit (Central Virginia Legal Aid Society, on brief), for appellee. The Virginia Employment Commission denied a claim by Kimberly D. Trent for unemployment benefits under Code § 60.2-6... Demetrius Lamar FARMER v. COMMONWEALTH of Virginia. , Va.App., January 12, 2010 Holdings: The Court of Appeals, Powell, J., held that: (1) defendant waived claim that laboratory certificate of drug analysis violated right of confrontation and due process, and (2) claim that statute that allowed defendant to subpoena forensic analyst who performed tests for which results were contained in laboratory analysis report impermissibly shifted burden of producing evidence was not cognizable under Confrontation Clause. Affirmed. Jessica M. Bulos, Assistant Appellate Def... VIRGINIA EMPLOYMENT COMMISSION v. Kimberly D. TRENT. , Va.App., January 12, 2010 Holdings: The Court of Appeals, Kelsey, J., held that: (1) claimant was discharged for misconduct connected to work, and (2) evidence was insufficient to establish mitigation of misconduct. Reversed. Elizabeth B. Peay, Assistant Attorney General (William C. Mims, Attorney General, on brief), for appellant. Martin Wegbreit (Central Virginia Legal Aid Society, Richmond, on brief), for appellee. Present: FRANK, KELSEY and HALEY, JJ. KELSEY, Judge. The Virginia Employment... Johnny Edward LAWSON v. COMMONWEALTH of Virginia. , Va.App., January 12, 2010 Holdings: The Court of Appeals, McClanahan, J., held that: (1) police had reasonable suspicion of criminal activity to justify investigatory stop of defendant's vehicle, and (2) defendant's detention in back seat of squad car for period of 20 to 25 minutes pending arrival of canine unit did not exceed permissible scope of investigatory stop. Affirmed. J. Barry McCracken, Assistant Public Defender, for appellant. Erin M. Kulpa, Assistant Attorney General (William C. Mims, Attorney... FAIRFAX COUNTY SCHOOL BOARD v. Amanda MARTIN-ELBERHI. , Va.App., January 12, 2010 Holding: The Court of Appeals, Kelsey, J., held that Commission was required to distinguish impairment attributable to claimant's prior non-work related total knee replacement and impairment attributable to work-related injury. Reversed and remanded. Michael N. Salveson (Andrea Zizzi; Littler Mendelson, P.C., McLean, on brief), for appellant. Joseph M. Caturano, Jr. (Colten Cummins Watson & Vincent P.C., Fairfax, on brief), for appellee. Present: KELSEY, HALEY and POWELL, JJ. K... Esteban CHABOLLA, Sr. v. VIRGINIA DEPARTMENT OF SOCIAL SERVICES. , Va.App., January 12, 2010 Holdings: The Court of Appeals, Humphreys, J., held that: (1) as matter of first impression, petition for appeal to Circuit Court that did not state father's assignments of error or request appropriate relief was timely filed, and (2) evidence supported finding of level two physical abuse. Affirmed. Melinda F. Seemar (Stallings & Bischoff, P.C., Virginia Beach, on briefs), for appellant. Cheryl A. Wilkerson, Senior Assistant Attorney General (William C. Mims, Attorney General; D... Charles Clifford McCOY v. Lisa Collins McCOY. , Va.App., January 12, 2010 Holdings: The Court of Appeals, Beales, J., held that: (1) trial court lacked jurisdiction to vacate order holding husband in contempt after husband filed his notice of appeal from contempt order, and (2) provision in divorce decree that husband provide wife with health insurance was not provision for spousal maintenance that terminated when wife remarried. Affirmed. Robert M. Galumbeck (Galumbeck, Dennis & Kegley, Attorneys, Wytheville, on briefs), for appellant. Richard A. Fors... Diane GRANT-BOESEN v. VIRGINIA EMPLOYMENT COMMISSION and Trust Building Services, Inc. , Va.App., January 12, 2010 From the Circuit Court of the City of Alexandria, Donald M. Haddock, Judge. (Diane Grant-Boesen, pro se, on briefs). [FN1] FN1. On June 5, 2009, appellant, pro se, filed a motion to amend opening brief and a motion to file further documents. We deny both motions. (William C. Mims, Attorney General; Elizabeth B. Peay, Assistant Attorney General, on brief), for appellee Virginia Employment Commission. No brief for appellee Trust Building Services, Inc. Present: HUMPHREYS and POWELL, ... Seth A. BAILEY v. Nettie L. BAILEY. , Va.App., January 12, 2010 From the Circuit Court of The City of Portsmouth, James A. Cales, Jr., Judge. Kim M. Crump for appellant. No brief or argument for appellee. Present: HUMPHREYS and McCLANAHAN, JJ., and WILLIS, S.J. MEMORANDUM OPINION [FN*] FN* Pursuant to Code § 17.1-413, this opinion is not designated for publication. HUMPHREYS, Judge. Seth A. Bailey ("husband") appeals the circuit court's dismissal as untimely his motion to designate as waste a second mortgage taken out by Nettie L. Bailey ... Patrick Joseph FITZGERALD v. COMMONWEALTH of Virginia. , Va.App., January 12, 2010 From the Circuit Court of the City of Suffolk, Carl E. Eason, Jr., Judge. Lori Butts Miller, Assistant Public Defender (Stephanie L. Bolen, Assistant Public Defender, on brief), for appellant. Kathleen B. Martin, Senior Assistant Attorney General (William C. Mims, Attorney General, on brief), for appellee. Present HUMPHREYS and McCLANAHAN, JJ., and WILLIS, S.J. MEMORANDUM OPINION [FN*] FN* Pursuant to Code § 17.1-413, this opinion is not designated for publication. WILLIS, Judge... Jason PATILLO, s/k/a Jason L. Patillo v. COMMONWEALTH of Virginia. , Va.App., January 12, 2010 From the Circuit Court of the City of Richmond, F. Ward Harkrader, Jr., Judge Designate. David B. Hargett (Hargett Law, PLC, on brief), for appellant. Rosemary V. Bourne, Assistant Attorney General (William C. Mims, Attorney General, on brief), for appellee. Present: BEALES, POWELL and ALSTON, JJ. MEMORANDUM OPINION [FN*] FN* Pursuant to Code § 17.1-413, this opinion is not designated for publication. BEALES, Judge. Jason Patillo (appellant) was convicted by a jury of the first-... Eugene BOONE, IV v. COMMONWEALTH of Virginia. , Va.App., January 12, 2010 From the Circuit Court of the City of Suffolk, Carl E. Eason, Jr., Judge. Jean Veness, Assistant Public Defender, for appellant. Kathleen B. Martin, Senior Assistant Attorney General (William C. Mims, Attorney General, on brief), for appellee. Present: HUMPHREYS and McCLANAHAN, JJ., and WILLIS, S.J. MEMORANDUM OPINION [FN*] FN* Pursuant to Code § 17.1-413, this opinion is not designated for publication. WILLIS, Judge. On appeal from his conviction of possession of explosive m... Stephen L. NELSON, s/k/a Stephen Leonard Nelson v. COMMONWEALTH of Virginina. , Va.App., January 12, 2010 From the Circuit Court of Halifax County, William L. Wellons, Judge. Robert H. Morrison (Law Office of Robert H. Morrison, P.C., on brief), for appellant. Leah A. Darron, Senior Assistant Attorney General (William C. Mims, Attorney General, on brief), for appellee. Present BEALES, POWELL and ALSTON, JJ. MEMORANDUM OPINION [FN*] FN* Pursuant to Code § 17.1-413, this opinion is not designated for publication. BEALES, Judge. Stephen L. Nelson (appellant) was convicted by a jury of ... Daryl Lamar ROBERTS v. COMMONWEALTH of Virginia. , Va.App., January 12, 2010 From the Circuit Court of the City of Richmond, Clarence N. Jenkins, Jr., Judge. Jennifer M. Newman (Jennifer M. Newman, P.C., on brief), for appellant. Kathleen B. Martin, Senior Assistant Attorney General (William C. Mims, Attorney General, on brief), for appellee. Present: ELDER and ALSTON, JJ., and CLEMENTS, S.J. MEMORANDUM OPINION [FN*] FN* Pursuant to Code § 17.1-413, this opinion is not designated for publication. ALSTON, Judge. Daryl Lamar Roberts (appellant) appeals fro... Rashid Amir MUSTAFA v. COMMONWEALTH of Virginia. , Va.App., January 12, 2010 From the Circuit Court of Spotsylvania County, David H. Beck, Judge. Ronald Junho Hur, Assistant Public Defender (Office of the Public Defender, on brief), for appellant. Susan M. Harris, Assistant Attorney General (William C. Mims, Attorney General, on brief), for appellee. Present: BEALES, POWELL and ALSTON, JJ. MEMORANDUM OPINION [FN*] FN* Pursuant to Code § 17.1-413, this opinion is not designated for publication. BEALES, Judge. Rashid Amir Mustafa (appellant) was convicted ... Paul Renfro HARBISON, Jr. v. Junko Ezure HARBISON. , Va.App., January 12, 2010 From the Circuit Court of Spotsylvania County, David H. Beck, Judge. (Paul Renfro Harbison, Jr., pro se, on brief). (Kimberly A. Skiba; Owen & Owens PLC, on brief), for appellee. Present: HUMPHREYS and POWELL, JJ., and CLEMENTS, S.J. MEMORANDUM OPINION [FN*] FN* Pursuant to Code § 17.1-413, this opinion is not designated for publication. PER CURIAM. Paul Renfro Harbison, Jr. appeals the trial court's ruling which declared his marriage to Junko Harbison void ab initio and awar... Kevin Ray MITCHEM v. COMMONWEALTH of Virginia. , Va.App., January 12, 2010 From the Circuit Court of Mecklenburg County, Leslie M. Osborn, Judge. Andrew J. Adams, Assistant Public Defender (Office of the Public Defender, on brief), for appellant. Susan M. Harris, Assistant Attorney General (William C. Mims, Attorney General, on brief), for appellee. Present: BEALES, POWELL and ALSTON, JJ. MEMORANDUM OPINION [FN*] FN* Pursuant to Code § 17.1-413, this opinion is not designated for publication. ALSTON, Judge. Kevin Ray Mitchem (appellant) appeals from hi... Markesha Monique BENNETT v. COMMONWEALTH of Virginia. , Va.App., January 12, 2010 From the Circuit Court of Chesterfield County, Frederick G. Rockwell, III, Judge. Richard R. Fuller, Jr., for appellant. Richard B. Smith, Special Assistant Attorney General (William C. Mims, Attorney General, on brief), for appellee. Present: FRANK, KELSEY and HALEY, JJ. MEMORANDUM OPINION [FN*] FN* Pursuant to Code § 17.1-413, this opinion is not designated for publication. KELSEY, Judge. The trial court convicted Markesha Monique Bennett of obstruction of justice in violation... Elvon Amon KELLEY v. COMMONWEALTH of Virginia. , Va.App., January 12, 2010 From the Circuit Court of Henrico County, Catherine C. Hammond, Judge. John B. Mann (John B. Mann, P.C.; Canfield, Baer, Heller & Johnston, LLP, on brief), for appellant. Virginia B. Theisen, Senior Assistant Attorney General (William C. Mims, Attorney General, on brief), for appellee. Present: FRANK, KELSEY and HALEY, JJ. MEMORANDUM OPINION [FN*] FN* Pursuant to Code § 17.1-413, this opinion is not designated for publication. KELSEY, Judge. The trial court convicted Elvon Amon ... OUTREACH CONSTRUCTION and Southern Insurance Company of Virginia v. Raymond J. PETERSON. , Va.App., January 12, 2010 From the Virginia Workers' Compensation Commission. Robert M. McAdam (Kalbaugh, Pfund & Messersmith, P.C., on brief), for appellants. Charles R. Allen, Jr., for appellee. Present: FELTON, C.J., and ELDER and PETTY, JJ. MEMORANDUM OPINION [FN*] FN* Pursuant to Code § 17.1-413, this opinion is not designated for publication. FELTON, Judge. Outreach Construction and its insurer, Southern Insurance Company of Virginia, (collectively "employer") appeal the Workers' Compensation Co... © 2010 West, a Thomson business Westlaw Integration Solutions  /  Westlaw.com