UNPUBLISHED MEMORANDUM OPINION * BY Judge RICHARD Y. ATLEE, JR. . Terry Tolley ("Terry") petitioned the Circuit Court of Spotsylvania County for leave to adopt the biological child ("the child") of Tina Tolley ("mother"). 1 The circuit court found that mother was withholding her consent to the adoption contrary to the best interests of the child, and granted Terry's petition. Mother appealed the circuit court's decision. We now affirm. I. BACKGROUND We view the evidence in the light...
UPON A HEARING EN BANC OPINION BY JUDGE ROBERT J. HUMPHREYS . Edy Canales ("Canales") appeals the May 31, 2016 judgment of the Circuit Court of Loudoun County (the "circuit court") holding that it did not have jurisdiction to make the predicate findings of fact required for her child ("M.C.") to acquire Special Immigrant status for federal immigration purposes. Specifically, Canales' two assignments of error assert that the circuit court erred in finding that it lacked subject matter...
UNPUBLISHED MEMORANDUM OPINION * BY JUDGE MARY GRACE O'BRIEN . Horace Thompson Owens, Jr. ("appellant") pled guilty to six felony charges and was sentenced four months later. Following the sentencing hearing, appellant's counsel filed a motion to withdraw from representation and a motion to withdraw appellant's guilty pleas. The court permitted counsel to withdraw and appointed new counsel, but denied the motion to withdraw the guilty pleas. Appellant asserts the following assignment of...
UNPUBLISHED MEMORANDUM OPINION * BY JAMES W. HALEY, Jr. , Judge . The Virginia Department of Corrections ("VDOC") appeals the circuit court's February 24, 2016 decision holding VDOC in contempt for violating orders entered by the circuit court on September 1 and December 15, 2015. VDOC also appeals the circuit court's decision to impose monetary sanctions against it in connection with the violation of those orders. VDOC asserts that the circuit court erred by imposing civil contempt...
CHAFIN , Judge . The Circuit Court of Tazewell County convicted Rudolph David Taylor of one count of transporting controlled substances into the Commonwealth in violation of Code 18.2-248.01, and two counts of possessing controlled substances with the intent to distribute them in violation of Code 18.2-248. Although Taylor pled guilty to these offenses, he reserved his right to challenge the circuit court's decision denying his motion to suppress certain evidence. Taylor contends that...
UNPUBLISHEDM MEMORANDUM OPINION * BY JUDGE WESLEY G. RUSSELL, Jr. . In this consolidated appeal, 1 appellant wife challenges provisions of the parties' final decree of divorce pertaining to the circuit court's equitable distribution award and orders regarding certain military retirement/insurance issues. She also challenges the subsequently entered qualified domestic relations orders (QDROs) relating to each party's military pension. For the reasons stated below, we affirm the rulings...
UNPUBLISHED MEMORANDUM OPINION * PER CURIAM . Jody Chyenne Lambert (mother) appeals the order terminating her parental rights to her child. Mother argues that the trial court erred by (1) finding that she failed to substantially remedy the conditions which led to the abuse and neglect finding and foster care placement of the child and (2) finding that the remedial services offered by the Appomattox County Department of Social Services (the Department) were sufficient. Upon reviewing the...
BEALES , Judge . Derek Justice Doggett (appellant) was convicted in a bench trial in the Circuit Court of Chesterfield County of felony racing in violation of Code 46.2-865.1. On appeal to this Court, appellant argues that the trial court "erred by finding that the Commonwealth had proven that a race occurred"; erred by finding that appellant's "failure to allow the other vehicle to pass him constituted behavior so gross, wanton or culpable so as to show a disregard for human life"; and...
UNPUBLISHED MEMORANDUM OPINION * PER CURIAM . On October 22, 2015, the circuit court entered a final decree of divorce, which awarded Rita M. Laveist (wife) a divorce from Wilbert F. Laveist (husband). Husband argues that the trial court erred by (1) finding that the evidence was insufficient to establish adultery because "the exact dates and times of this adultery were not provided by corroborating testimony;" (2) failing to set aside the parties' November 5, 2013 property settlement...
HUMPHREYS , Judge . Naa Williams ("Williams") appeals the decision of the Virginia Workers' Compensation Commission (the "Commission") denying her $1,437.31, the pro rata reduction of her employer's ("Capital Hospice") workers' compensation insurance carrier's ("Companion") lien recovered from the negligent third party, Victoria Fire and Casualty/Nationwide ("Victoria"). Specifically, Williams claims the Commission erred in interpreting Code 65.2-309, 65.2-311, and 65.2-313. I....
UNPUBLISHED MEMORANDUM OPINION ** PER CURIAM . Faith R. Allen appeals a decision of the circuit court dismissing her petition for judicial review of a decision of the Department of Human Resource Management (DHRM). DHRM upheld a decision of the Department of Behavioral Health and Developmental Services to issue a Group 3 Written Notice with Termination to Allen. On appeal, Allen contends the circuit court erred by holding the Administrative Process Act exemptions barred consideration of...
UNPUBLISHED MEMORANDUM OPINION * PER CURIAM . Dominic Layao appeals two decisions of the Workers' Compensation Commission, one involving the denial of continuing temporary total disability benefits relating to a hand injury on March 14, 2014, and the other involving the dismissal of a separate claim for benefits relating to alleged back injuries. These two cases have been consolidated on appeal. Layao filed his opening briefs in these appeals on September 16, 2015 and September 21, 2015....
GLEN A. HUFF , Chief Judge . Heather Hogston Lambert ("appellant") appeals her conviction of assault and battery, in violation of Code 18.2-57. Following a bench trial in the Circuit Court of Scott County ("trial court"), appellant was sentenced to thirty days in jail and twelve months of supervised probation. On appeal, appellant raises two assignments of error 1. The [trial court] erred in convicting [appellant] of assault and battery given the due deference to be given to reasonable...
UNPUBLISHED MEMORANDUM OPINION * PER CURIAM . Phillip S. Pool, LLC, t/a C & C Mini Market (appellant) appeals a final order of the circuit court dismissing his petition for appeal of the decision by the Virginia Alcoholic Beverage Control Board (the Board) to revoke his license to sell wine and beer off premises. On appeal, appellant contends the circuit court erred because there was not competent and substantial evidence in the record to support the finding of the ABC Board's...
UNPUBLISHED MEMORANDUM OPINION * BY JUDGE ROSSIE D. ALSTON, Jr. . Steve Parasidis, individually, and as Trustee of Parasidis Family Trust I, Parasidis Family Trust 2, and as Co-Trustee of the Steve Parasidis Revocable Trust, Parasidis Family I, L.L.C., Parasidis Family II, L.L.C., and Parasidis Family III, L.L.C. (collectively, appellant or appellants) appeals the trial court's finding that he was in civil contempt of court for submitting fraudulent documents during the pendency of this...
UNPUBLISHED Memorandum Opinion * by Judge RUDOLPH BUMGARDNER, III . Brenton Jones appeals his convictions for possession of cocaine and of marijuana. He contends the trial court erred in holding that drugs found on his person were admissible under the inevitable discovery doctrine. Concluding that the doctrine did apply, we affirm. In reviewing a trial court's denial of a motion to suppress, "we determine whether the accused has met his burden to show that the trial court's ruling,...
UNPUBLISHED MEMORANDUM OPINION * BY CHIEF JUDGE GLEN A. HUFF . Clifford R. Dugan, Jr. ("appellant") appeals his conviction of possession of methamphetamine, in violation of Code 18.2-250. Following a bench trial in the Amherst County Circuit Court ("trial court"), appellant was sentenced to five years' incarceration. On appeal, appellant contends that the trial court "erred in denying [appellant's] motion to strike the Commonwealth's evidence on the ground that it was insufficient as...
UNPUBLISHED MEMORANDUM OPINION * BY JUDGE RICHARD Y. ATLEE, JR. . A Fairfax County jury convicted Marion Kenneth Allen, Jr. ("appellant") of robbery and use of a firearm to commit that robbery. He contends: (1) the trial court erred in denying his motion to strike a prospective juror for cause, and (2) the jury erred in finding the evidence sufficient to convict him. We disagree and affirm. I. BACKGROUND On appeal, we review evidence in the light most favorable to the Commonwealth....
UNPUBLISHED MEMORANDUM OPINION * ROBERT J. HUMPHREYS , Judge . Lubna Aijaz ("mother") appeals an order of the Circuit Court of Fairfax County (the "circuit court") terminating her parental rights to her child, Syed Mohib Ali ("Syed") pursuant to Code 16.1-283(C)(2). Specifically, mother argues that the circuit court erred by (1) shifting the burden of proof to mother to show that she, "without good cause, was unwilling or unable within a reasonable period of time to remedy...
UNPUBLISHED MEMORANDUM OPINION * JEAN HARRISON CLEMENTS , Judge . Monica Harvey, claimant, appeals a decision of the Workers' Compensation Commission (the commission), reversing a deputy commissioner's opinion finding claimant was entitled to a second opinion and directing Old Dominion University and the Commonwealth of Virginia (collectively employer) to provide claimant with a panel of pain management specialists. On appeal, claimant contends the commission erred in: (1) arbitrarily...
