A jury convicted Justin William Swanson of various offenses, including attempted malicious wounding in violation of Code § 18.2-51.1 and felony hit-and-run in violation of Code § 46.2-894. On appeal, Swanson argues that insufficient evidence supports his attempted malicious wounding conviction. The felony hit-and-run conviction should also be overturned, Swanson contends, because of a fatal variance between the indictment and the proof at trial. Finding merit in neither argument, we...  

Roman Douglas (hereinafter "mother") contends the trial court erred in terminating her parental rights to her daughter, Y.B.1 For the reasons stated herein, we affirm the trial court's decision... Background... Y.B., born January 8, 2004, was removed from her mother's custody on November 29, 2006 following a determination she was abused or neglected. The initial foster care service plan approved in January 2007 provided for a goal of returning Y.B. home, with a concurrent goal of...  

R.R. Donnelley & Sons Company appeals a decision of the Workers' Compensation Commission finding that claimant has suffered anxiety, depression, a mild traumatic brain injury, and post-concussive syndrome causally related to his compensable October 9, 2005 work-related accident and that he has been totally disabled since February 2006. We have reviewed the record and the commission's opinion and find that this appeal is without merit. Accordingly, we affirm for the reasons stated by the...  

Jerald Vincent Jones ("Jones") was convicted after a plea of guilty of possession of cocaine with the intent to distribute in violation of Code § 18.2-248. Jones entered his plea pursuant to an agreement allowing him to appeal the denial of his pretrial motion to suppress evidence of cocaine that police officers found inside of a bag in Jones' vehicle. Jones maintains that: 1) the police seized him in violation of the Fourth Amendment because they did not have a reasonable,...  

Janice G. Brown (claimant) appeals a decision of the Workers' Compensation Commission (1) denying her claim seeking payment for medical treatment by Dr. Glenn Deputy on the ground that such claim was barred by the doctrine of res judicata; (2) denying her claim seeking payment for medical treatment by Dr. Richard P. Lango on the ground that such treatment resulted from the unauthorized referral by Dr. Deputy and pertains to the non-compensable testing for, and symptoms of, multiple sclerosis or...  

Angel Lee Parks (mother) appeals a decision of the trial court terminating her residual parental rights to her minor child, N.P. She contends the evidence was insufficient to support the termination under Code § 16.1-283(B) and 16.1-283(C)(2). Upon reviewing the record and the parties' briefs, we conclude this appeal is without merit. Accordingly, we summarily affirm the trial court's decision. See Rule 5A:27... As the parties are familiar with the facts of this case, and this opinion has...  

Michael K. Hardey appeals a final divorce decree on several grounds. He claims the trial court erroneously enforced a property settlement agreement procured as a result of extortion and extrinsic fraud. Hardey also contends the court erred by not holding his wife, Elizabeth Metzger, in contempt of court for fraudulent non-disclosure of assets. Finally, Hardey argues the court mistakenly calculated and awarded attorney fees to Metzger. Raising an additional question presented, Metzger asserts...  

Jamie Lynn Foster ("mother") contends the trial court erred in terminating her parental rights to her minor child, J.C. Mother argues the trial court erred by finding the evidence sufficient to terminate her parental rights and to approve the goal of adoption. For the reasons stated herein, we affirm the trial court's decision... Background... We view the evidence1 in the light most favorable to the prevailing party below and grant to it all reasonable inferences fairly deducible...  

Sharon H. Welch (mother) appeals the trial court's decision terminating her parental rights to her minor child. On appeal, mother asserts that the court erred in denying her motion to strike and terminating her parental rights according to Code § 16.1-283(C)(2). Upon reviewing the record and briefs of the parties, we conclude that this appeal is without merit. Accordingly, we summarily affirm the decision of the trial court. See Rule 5A:27... BACKGROUND... We view the evidence in the light...  

Dominic D. Robinson (claimant) appeals a decision of the Workers' Compensation Commission finding that (1) the statute of limitations contained in Code §§ 65.2-601 and 65.2-406 bars her claim filed on September 17, 2007, and, therefore, the commission is without jurisdiction to hear it; and (2) claimant failed to prove any legal basis for tolling the statute of limitations contained in either code section. We have reviewed the record and the commission's opinion and find that this...  

Hospira Worldwide, Inc. and its insurer (hereinafter referred to as "employer") appeal a decision of the Workers' Compensation Commission awarding medical benefits to Christine Schanne Cook (claimant), and finding she proved that she sustained (1) an injury by accident arising out of and in the course of her employment on April 19, 2005, and (2) a back injury causally related to that accident.1 We have reviewed the record and the commission's opinion... ... ... and find that this appeal...  

Following a bench trial, appellant, Jerry Lemone Blow, Sr., was convicted of unlawful wounding of a law enforcement officer, in violation of Code § 18.2-51.1, and the malicious wounding of his daughter, in violation of Code § 18.2-51.1 On appeal, Blow presents two challenges to his convictions. First, he argues that the evidence was insufficient to warrant a conviction for the unlawful wounding of a police officer. Second, he argues the trial court erred by applying the doctrine of...  

Livingston Pritchett, III ("Pritchett") appeals his convictions for first-degree murder in violation of Code § 18.2-32, robbery in violation of Code § 18.2-58, and two additional convictions for the of use of a firearm in the commission of a felony in violation of Code § 18.2-53.1. This case presents two questions for resolution: 1) whether the circuit court erred in denying Pritchett's motion for a change of venue because of prejudicial pretrial publicity and 2) whether...  

Following a bench trial, Michael W. Frye ("appellant"), tried jointly with Jeffrey Kidd (Kidd), was convicted of embezzlement, in violation of Code § 18.2-111.1 On appeal, appellant contends the trial court erred in denying his motion to strike the Commonwealth's evidence at the close of its case-in-chief and in finding him guilty of embezzlement, arguing the evidence was insufficient to convict him of violating Code § 18.2-111.2 For the following reasons, we affirm... ... ......  

Donald B. Kellum, III (claimant) appeals a decision of the Workers' Compensation Commission setting aside his outstanding March 17, 2006 award based on the commission's finding that claimant procured that award by fraud. On appeal, the sole question raised by claimant is whether the commission erred by "set[ting] aside/vacat[ing]" the outstanding award instead of "terminating" it, as requested by W.J. Rapp Company, Inc. and its insurer (hereinafter collectively referred to as...  

Gary Lee Dillon (claimant) appeals a decision of the Workers' Compensation Commission affirming the deputy commissioner's (1) determination that claimant's testimony was not credible; (2) denial of claimant's claim for mileage, except as stipulated; (3) denial of claimant's claim for temporary total disability benefits from May 8, 2004 through May 17, 2004; (4) denial of claimant's claim for additional evaluation or treatment by Dr. Bruce A. Sellers; (5) denial of claimant's claim for an eye...  

Pilgrims Pride Corporation and its insurer (hereinafter referred to as "employer") appeal a decision of the Workers' Compensation Commission finding that (1) employer failed to prove Angelica Pizano-Murillo's (claimant) October 24, 2006 work-related injury was the result of her willful misconduct and violation of a known safety rule1; and (2) claimant proved entitlement to temporary total disability benefits from November 7, 2006 through November 27, 2006. We have reviewed the record...  

I. INTRODUCTION... Jesse D. Cayton, Jr. (Cayton) maintains the evidence of malice is insufficient to support his conviction by a jury of the first-degree murder of his wife and of the use of a firearm in committing that murder. Finding the evidence sufficient, we affirm... II. FACTS... The relevant facts may be succinctly stated... It is undisputed that on May 15, 2006, Cayton shot and killed his wife, George Ann Cayton, using a... 38 caliber pistol that held five bullets... At trial, George...  

I. INTRODUCTION... Calvin Earnest Myers maintains the trial court erred during his sentencing proceeding by admitting evidence from his ex-girlfriend, P.B., contained in a victim impact statement, and evidence in a pre-sentence report dealing with the history of his relationship with P.B. He argues that P.B. is not a "victim" for purposes of the impact statement and that the pre-sentence report improperly contains references to unadjudicated criminal conduct involving P.B. In addition...  

Blanche May Roberts appeals a decision of the Workers' Compensation Commission finding she failed to prove that she sustained (1) injuries to her feet, ankles, or neck/shoulders as a result of her compensable March 16, 2005 injury by accident; and (2) temporary partial disability from April 2006 through October 2006 causally related compensable injuries sustained in that accident.1 We have reviewed the record and the commission's opinion and find that this appeal is without merit. Accordingly,...