James D. Tillery ("Tillery") appeals the sentences he received stemming from his convictions for leaving the scene of an accident in which a person was killed, in violation of Code § 46.2-894, driving under the influence of drugs, in violation of Code § 18.2-266, driving on a suspended license (third or subsequent offense), in violation of Code § 46.2-301, and possession of more than one-half ounce but not more than five pounds of marijuana with the intent to distribute,...  

Timothy Arnold Berry ("Berry") appeals his conviction for grand larceny, in violation of Code § 18.2-95. On appeal, Berry contends that the trial court abused its discretion in admitting: (1) a surveillance video into evidence without proper authentication and (2) the opinion testimony of Deputy Moller concerning the identity of the vehicle depicted in the surveillance video. In addition, Berry argues that the evidence is insufficient to sustain his conviction. For the following...  

Marcious Antoine Cousins (appellant) appeals from his jury trial convictions for second-degree murder and use of a firearm during the commission of a felony, and his bench trial conviction for possession of a firearm by a convicted felon. On appeal, he contends the trial court improperly prohibited him from using evidence that the decedent belonged to a particular gang, erroneously preventing him (1) from questioning the jury pool about possible gang affiliations to assess bias, (2) from...  

In these consolidated cases, appellants, Creative Designs Tattooing Associates, Inc. ("Creative") and the Virginia Uninsured Employer's Fund ("Uninsured"), maintain the Workers' Compensation Commission erred, inter alia, in determining that Earle Lindsey Parrish, III ("Parrish") was an employee of Creative, rather than an independent contractor. We agree, and conclude that Parrish was an independent contractor and, accordingly, his estate is not a beneficiary of the...  

Appalachian Voices, Chesapeake Climate Action Network, Sierra Club, and Southern Appalachian Mountain Stewards (collectively "the Coalition") appeal a decision of the circuit court affirming a decision of the State Air Pollution Control Board (the Board) to issue a permit pursuant to the Prevention of Significant Deterioration Program (PSD permit) to Virginia Electric and Power Company (Dominion) to build and operate a coal-fired electric generating plant in Wise County, Virginia. On...  

Tawana Simmons Terry ("appellant") appeals her convictions for distributing cocaine (two counts), in violation of Code § 18.2-248. On appeal, appellant contends the trial court abused its discretion in admitting evidence of her prior bad acts. Appellant further contends that the evidence adduced at trial was insufficient to sustain her convictions. For the following reasons, we affirm.1... I. Evidence of Other Crimes or Bad Acts... Appellant argues that the trial court abused its...  

Volvo Trucks of North America, Inc. and Liberty Insurance Corporation (employer) appeal a decision of the Workers' Compensation Commission finding that Channon Melissa Maycock (claimant) provided sufficient medical evidence to prove she suffered from an occupational disease and was entitled to compensation. Employer also contends that if the medical evidence proved claimant suffered from any type of occupational disease, the evidence established, at best, the occupational exacerbation of a...  

United Parcel Service, Inc. and Liberty Insurance Corporation (employer) appeal a decision of the Workers' Compensation Commission concluding Michael Roger Masterson (claimant) experienced a change in circumstances whereby his current back injuries required the commission to terminate an award of temporary total disability benefits resulting from his October 13, 2002 workplace injury and establish an award of temporary total disability benefits for a disability related to his August 27, 2007...  

Following a bench trial, Antwain Levelle Harris ("appellant") was convicted of driving on a suspended license, third or subsequent offense, in violation of Code § 46.2-301. Appellant contends the trial court erred in doing so. For the following reasons, we affirm the judgment of the trial court... The evidence proved that on April 20, 2008 appellant was charged with driving on a suspended license, third or subsequent offense. At trial, the parties stipulated that appellant had...  

I. INTRODUCTION... Code § 18.2-89 provides that "[i]f any person break and enter the dwelling house of another in the nighttime with intent to commit... ... ... any larceny therein, he shall be guilty of burglary." Appealing his conviction for a violation of this statute, Mathias Stephon Newby argues the evidence was insufficient to prove he intended to commit larceny. We affirm... II. BACKGROUND... At around 3:00 a.m. on May 14, 2007, Jacob Minniger left his apartment to go to...  

Following a bench trial, the appellant, Diairion Marqui Davis, was convicted of one count of assault and battery of a law enforcement officer in violation of Code § 18.2-57(C). Davis contends that the trial court erred when it refused to accept his self-defense argument. For the following reasons, we reject Davis' argument and affirm his conviction... I... On appeal, Davis challenges his conviction for assaulting Corporal Richardson. Davis contends that his conduct was a reasonable use of...  

I. INTRODUCTION... Code § 18.2-118(a) provides:... Whenever any person is in possession or control of any personal property, by virtue of or subject to a written lease of such property... ... ... and such person so in possession or control shall, with intent to defraud... ... ... fail to return such property to the lessor thereof within ten days after expiration of the lease or rental period for such property stated in such written lease, he shall be deemed guilty of the larceny thereof......  

I. INTRODUCTION... Appealing his conviction for possession of a firearm while possessing with intent to distribute more than one pound of marijuana in violation of Code § 18.2-308.4, Alan Rashad Gholston argues the trial court erred in (1) finding the police had probable cause to arrest him and, therefore, denying his motion to suppress evidence obtained as a result of the arrest; (2) holding the evidence was sufficient to prove he possessed a firearm; and (3) determining the evidence was...  

On March 23, 2009, Charla Denora Wooding, the appellant, was convicted in a bench trial of four counts of forgery, in violation of Code § 18.2-172, and four counts of uttering, in violation of Code § 18.2-172. On appeal, Wooding argues that the court erred in admitting the forgery affidavits without the affiant present. She also contends that the evidence was insufficient to convict her of forgery and uttering. For the following reasons, we disagree and affirm Wooding's convictions......  

On July 29, 2009, the trial court entered a final decree of divorce between appellant, Robert Brian Stephenson ("husband"), and appellee, Donna Lynn Musgrave ("wife"). On appeal, husband argues that the trial court erred when it (1) designated certain assets as marital waste, (2) valued husband's office building without considering alleged adverse market conditions, (3) failed to consider husband's health and disability,1 (4) admitted testimony of a marriage counselor for the...  

James Alton Tucker ("husband") appeals an order of the Circuit Court of Hanover County granting Darlene Wilmoth-Tucker ("wife") spousal support and an equitable distribution award. On appeal, husband contends (1) the trial court failed to properly classify the increase in value of his separate property; (2) the trial court erred in awarding wife retroactive spousal support after making a finding that the award of spousal support was not retroactive; (3) the trial court was...  

On July 22, 2008, Tamessa Twanna Martin, the appellant, was convicted by a jury of two counts of distribution of cocaine, third offense, in violation of Code § 18.2-248, three counts of distribution of marijuana, in violation of Code § 18.2-248.1, two counts of conspiracy to distribute cocaine, third offense, in violation of Code § 18.2-256, three counts of conspiracy to distribute marijuana, in violation of Code § 18.2-256, one count of possession of cocaine with intent to...  

A jury convicted Garrett Scott McNamara of a misdemeanor offense for possessing a machete on school grounds in violation of Code § 18.2-308.1(A).1 On appeal, McNamara argues that because the machete is a knife within the meaning of Code § 18.2-308.1(B)(vi), his possession of the machete was legal. For the reasons stated below, we agree with McNamara and reverse his conviction... I. BACKGROUND... The facts in this case are not in dispute. As part of an unrelated investigation, a police...  

Derick Antoine Johnson (appellant) appeals the five-year sentence imposed upon him by the trial court for his conviction of possession of a firearm by a convicted felon, pursuant to Code § 18.2-308.2. Appellant contends the five-year mandatory sentence under this statutory provision violates the separation of powers doctrine of the Virginia Constitution. Appellant argues the General Assembly usurped a judicial function in creating the statutory framework under Code § 18.2-308.2 by...  

Rodney Lee Rodis was convicted of ten counts of embezzlement in violation of Code § 18.2-111. Prior to the state prosecution on these charges, Rodis entered guilty pleas to federal charges of mail fraud and money laundering. On appeal, he contends the state prosecutions were barred under Code § 19.2-294 because the same acts constituted the bases for both prosecutions. We disagree and affirm the judgment of the trial court and Rodis' convictions... As the parties are fully conversant...