MEMORANDUM OPINION * PER CURIAM. Steven Wayne Smith appeals a decision of the Workers' Compensation Commission (the commission) awarding him benefits. On appeal, Smith contends the commission erred in finding: (1) he suffered a new injury to his cervical spine in May 2009; (2) his current neck symptoms were not caused by the December 29, 2007 accident; and (3) the deputy commissioner's award of medical benefits for any injuries to his head was improper. Crown Construction Management Services,...
PETTY, Judge. Jeremy Deshawn Fitzgerald was convicted of driving a motor vehicle while intoxicated, first offense, in violation of Code 18.2-266. On appeal, Fitzgerald assigns several errors to the trial court's admission of two certificates into evidence at trial: the certificate of blood alcohol analysis and a certificate of instrument accuracy. Fitzgerald's first three assignments of error challenge the trial court's admission of the certificate of instrument accuracy on various grounds....
UNPUBLISHED MEMORANDUM OPINION * JERE M.H. WILLIS, Jr., Judge. David John Neuhs (husband) appeals from an equitable distribution ruling. He contends: I. Where the trial court found Patricia Richardson Neuhs (wife) wasted/dissipated assets, it erred by failing to count the wasted assets as property in wife's possession. He asserts specifically that: a. Where wife admitted withdrawing $40,000 from a marital Ameritrade account in order to start her own business, the trial court erred in...
WILLIS, JR., Judge. On appeal from his convictions of first-degree murder in violation of Code 18.2-32 and the use of a firearm in the commission of first-degree murder in violation of Code 18.2-53.1, Wesley Brian Earnest contends the trial court erred (1) in refusing to allow Dr. Jennifer Mnookin to testify as an expert witness in fingerprint methodology, and (2) in refusing to allow Dr. Mnookin to offer an opinion contradicting the testimony of an expert witness for the Commonwealth. We...
McCULLOUGH, Judge. Jamie Aaron Kuhne challenges his voluntary manslaughter conviction, arguing that certain statements he made to law enforcement should have been excluded as the fruit of an illegal interrogation under Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), and Missouri v. Seibert, 542 U.S. 600 , 124 S.Ct. 2601, 159 L.Ed.2d 643 (2004). We assume, without deciding, that appellant was in custody, and we hold that the statements were admissible under...
WILLIS, Judge. On appeal from an order denying her motion to reinstate the case on the docket in order to establish a visitation schedule with her child, Betty Leona (Anderson) (Ritchie) Layne (mother) argues that the trial court erred (1) in holding that because her parental rights had been terminated, she lacked a "legitimate interest to seek visitation," and (2) in denying her motion to reinstate. We reverse the judgment of the trial court and remand the case to the trial court for further...
STOUT, Judge. Franklin Taylor, s/k/a Franklin Wayne Taylor, appellant, was convicted, by a jury, of voluntary manslaughter, in violation of Code 18.2-35. On appeal he contends the trial court erred in not striking Juror Lamb for cause, in admitting a prior conviction without proper notice, and in finding the evidence sufficient to convict. For the reasons stated, we reverse the judgment of the trial court. BACKGROUND On the night of May 8, 2010, Crystal Horton parked her car in a public...
FELTON, JR., Chief Judge. Pursuant to Code 19.2-398(C), 1 the Commonwealth appeals an order from the Circuit Court of Fauquier County ("trial court") sentencing Charles Lordell Jefferson, Jr. ("appellee") to six years' incarceration for each of six convictions of production of child pornography, first offense, in violation of Code 18.2-374.1(C)(1), fifteen years' incarceration for production of child pornography, second offense, in violation of Code 18.2-374.1(C)(1), fifty-two years'...
HUFF, Judge. Latoya Mrytrise Robertson ("appellant") appeals her conviction of felony shoplifting, in violation of Code 18.2-103. Following a bench trial in the Circuit Court of Pittsylvania County ("trial court"), appellant was sentenced to two years' incarceration, with all but sixty days suspended. On appeal, appellant argues that the trial court violated her right to confrontation when it admitted two exhibits to establish the value of the shoplifted merchandise without providing her an...
MEMORANDUM OPINION * PER CURIAM. On March 2, 2012, the trial court terminated the residual parental rights of Daniel Burnette (appellant) to his daughters, D.H. and D.B., pursuant to Code 16.1-283(B), 16.1-283(C)(1), and 16.1-283(C)(2). On appeal of this decision, appellant challenges the sufficiency of the evidence to support the terminations. Upon reviewing the record and briefs of the parties, we conclude this appeal is without merit. Accordingly, we summarily affirm the decision of the...
MEMORANDUM OPINION * PER CURIAM. Tahira Naseer (wife) appeals from an order granting Hamid Moghal's (husband) complaint for annulment based on bigamy. Wife argues that the trial court (1) did not have subject-matter jurisdiction to hear and rule on this matter; (2) erred by entering an order annulling the marriage when the grounds for annulment were not established by corroborated testimony; (3) erred when it accepted the testimony of Farman Ellahi as an expert witness when he was neither...
ANNUNZIATA, Judge. The Virginia Board of Branch Pilots (hereinafter "the Board") appeals the decision of the circuit court finding that the Board's denial of the application of Walter H. McCrory, Jr. for licensure as a Branch Pilot was error. On appeal, the Board contends: (1) the circuit court erred in finding that the Board's determination was not supported by substantial evidence in the record; (2) the circuit court erred in finding that a reasonable mind would necessarily arrive at a...
MEMORANDUM OPINION * GLEN A. HUFF, Judge. Michael Gene Howell ("appellant") appeals his conviction of grand larceny, in violation of Code 18.2-95. Following a jury trial in the Circuit Court of Loudoun County ("trial court"), appellant was sentenced to four years in prison. On appeal, appellant contends that the trial court erred in (1) permitting a witness who did not observe appellant in the store to testify regarding what the witness observed on the store's surveillance video; (2)...
MEMORANDUM OPINION * PER CURIAM. Andrew Bilski (father) appeals from the trial court's order denying his motion to compel Christina Bilski (mother) to take the child to the doctor and his motion to compel the guardian ad litem (GAL) to acknowledge and assist father with the child's doctor visit. Father argues that the trial court erred by (1) "not ordering that the child is immediately taken to the child's doctor and by not waiting to continue legal proceedings until after the child has...
FELTON, JR., Chief Judge. The Daily Press, Inc. and Ashley Kelly (collectively "appellants") appeal from an order of the Circuit Court of the City of Newport News ("trial court") directing the Commonwealth and defense counsel in the case of Commonwealth of Virginia v. Lillian Callender (Nos. CR10-01420, CR10-01421, and CR10-01422) [hereinafter Callender ] to remove original photographs and an autopsy report, admitted into evidence during the Callender trial, from the public court file in...
MEMORANDUM OPINION * PER CURIAM. Rose Schroeder appeals the termination of her parental rights to her children pursuant to Code 16.1-283(C). Schroeder argues the circuit court erred in dismissing her appeal from the juvenile and domestic relations district court (JDR court) for her failure to prosecute. Schroeder also argues the Wise County Department of Social Services (DSS) failed to meet its burden to prove her rights should be terminated under Code 16.1-283(C). Upon reviewing the...
MEMORANDUM OPINION * PER CURIAM. 7-Eleven, Inc. #11070 and Ace American Insurance Company appeal a decision of the Workers' Compensation Commission finding that they are responsible for surgery and replacement of a quad cane and diabetic shoes, recommended by the treating physician. 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 commission in its final, majority opinion. See Drew v. 7-...
MEMORANDUM OPINION * RANDOLPH A. BEALES, Judge. The Workers' Compensation Commission (the commission) unanimously affirmed the deputy commissioner's award to Lon Emory Bowers (claimant) for medical benefits and temporary total disability benefits for a back injury resulting from a workplace accident while claimant was working for Beam Brothers Trucking (employer) on August 18, 2010. Although it is undisputed that claimant had a pre-existing back condition, the commission found that claimant "...
FELTON, JR., Chief Judge. Michael Junior Bellamy ("appellant") was convicted by the Circuit Court of the City of Norfolk ("trial court") of possession of ammunition by a convicted felon in violation of Code 18.2-308.2. On appeal, appellant contends that the trial court erred in denying his motion to suppress evidence found during a search incident to his arrest, arguing that he was unlawfully arrested based on erroneous information supplied to the arresting officer by a police dispatcher....
MEMORANDUM OPINION * GLEN A. HUFF, Judge. Karen Michelle Dunn-Brinkley ("appellant") appeals her conviction, pursuant to a written plea agreement, in the Circuit Court of the City of Newport News ("trial court") of one count of distribution of cocaine as an accommodation, in violation of Code 18.2-248(D). On appeal, appellant contends the trial court erred when it imposed successful completion of the Newport News Drug Treatment Court Program ("drug treatment court program") as a condition...
