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UNPUBLISHED MEMORANDUM OPINION * PER CURIAM .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UNPUBLISHED MEMORANDUM OPINION * BY JUDGE ROSSIE D. ALSTON, Jr.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UNPUBLISHED Memorandum Opinion * by Judge RUDOLPH BUMGARDNER, III .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UNPUBLISHED MEMORANDUM OPINION * BY CHIEF JUDGE GLEN A. HUFF .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UNPUBLISHED MEMORANDUM OPINION * BY JUDGE RICHARD Y. ATLEE, JR.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...
UNPUBLISHED MEMORANDUM OPINION ** PER CURIAM . Shirley Robinson-Miles, mother, appeals a decision of the trial court terminating her parental rights to seven of her minor children, pursuant to Code 16.1-283(C)(2). On appeal, mother contends the trial court erred in (1) finding she failed to remedy substantially the conditions which led to or required the continued placement of the children in foster care; and (2) failing to find she had remedied substantially the conditions which led to...
UNPUBLISHED MEMORANDUM OPINION * PER CURIAM . Pinpoint Cleaning Service, Inc. and Phoenix Insurance Company (hereinafter "employer") appeal a decision of the Workers' Compensation Commission finding that Daniel Henriquez's (hereinafter "claimant") industrial accident occurred within the course of his employment. Employer maintains that claimant was not performing a task that was incidental to his employment at the time of his injury. We have reviewed the record and the commission's...
UNPUBLISHED MEMORANDUM OPINION ** PER CURIAM . Victoria J. Salvato (mother) appeals a visitation order. Mother argues that the trial court erred when it (1) held that mother shall have no contact with her husband, Brian Busick, while exercising custodial care of her son; (2) ruled that mother shall not speak to Busick while her son is in her custodial care; (3) held that mother shall not leave her son "under any circumstances except in the case of emergency;" and (4) allowed an expert...
UNPUBLISHED MEMORANDUM OPINION * PER CURIAM . Gretchen McDorman Burkett (mother) appeals the orders terminating her parental rights to her children, C.B. and S.B. Mother argues that the trial court erred in finding that (1) the Harrisonburg Rockingham Social Services District (the Department) proved by clear and convincing evidence that termination of mother's parental rights was appropriate and in the children's best interests because "there was insufficient evidence to show that the...
UNPUBLISHED MEMORANDUM OPINION * BY JUDGE RICHARD Y. ATLEE, Jr. . On January 22, 2014, a judge for the Circuit Court of Pittsylvania County convicted Albert Lewis Fowler, III (hereinafter "appellant") of two counts of felony solicitation of a minor by use of a communications system. The court sentenced appellant to twenty years of imprisonment, with ten years suspended. On appeal, appellant argues that the trial court erred in finding that he used a communications system for purposes of...
UNPUBLISHED MEMORANDUM OPINION * PER CURIAM . Randall Peaks (father) appeals the termination of his parental rights to his children pursuant to Code 16.1-283(B), 16.1-283(C)(1), and 16.1-283(C)(2). Father argues the trial court erred in terminating his rights (1) even though the Wise County Department of Social Services (DSS) had not strictly complied with the foster care plan's listed target date of completion; (2) when DSS failed to comply with its ongoing mandate to find a suitable...
UNPUBLISHED MEMORANDUM OPINION * PER CURIAM . Opal Brock (mother) appeals the termination of her parental rights to her children pursuant to Code 16.1-283(B), 16.1-283(C)(1), and 16.1-283(C)(2). Mother argues the trial court erred in finding that, without good cause, she (1) failed to maintain continuing contact with and to provide or substantially plan for the future of her children and (2) was unwilling or unable within a reasonable period of time to remedy the conditions that led to...
UNPUBLISHED MEMORANDUM OPINION * PER CURIAM . Jennifer Lynn Wilks (hereinafter "mother") appeals the termination of her residual parental rights to her child, J.W. Mother asserts the trial court erred by ruling that the Fairfax County Department of Family Services (hereinafter "DFM") made reasonable and appropriate efforts to assist her in reuniting with her child. Upon reviewing the record and briefs of the parties, we conclude this appeal is without merit. Accordingly, we summarily...
UNPUBLISHED MEMORANDUM OPINION * PER CURIAM . Smithfield Foods, Inc. and Safety National Casualty Corp. (hereinafter "employer") appeal a decision of the Workers' Compensation Commission (hereinafter "the commission"). The commission concluded that res judicata principles barred employer's argument disputing the causal relationship between Donald R. Branstetter, Jr.'s (hereinafter "claimant") second episode of deep vein thrombosis (hereinafter "DVT") and claimant's May 28, 2011 workplace...
UNPUBLISHED MEMORANDUM OPINION * WESLEY G. RUSSELL, Jr. , Judge . Appellants, Gene Forbes Enterprises d/b/a McDonald's of Tazewell and Arch Insurance Company (employer), appeal the decision of the Workers' Compensation Commission awarding benefits to appellee. On appeal, employer presents the following eleven assignments of error: 1. The [commission] erred, as a matter of law, in affirming the [d]eputy [c]ommissioner's decision excluding and refusing to consider the January 19, 2014...
RUSSELL , Judge . The Virginia Retirement System (VRS) appeals the decision of the circuit court reversing VRS's denial of the disability retirement benefits application filed by Ricky A. Blair, appellee. The circuit court ordered VRS to make disability payments to Blair and awarded Blair "legal fees and costs." On appeal, VRS argues that the circuit court misapplied the "substantial evidence" standard of review required by the Virginia Administrative Process Act (APA or Act) and that the...
UNPUBLISHED MEMORANDUM OPINION * GLEN A. HUFF , Chief Judge . These cases are the latest in an extensive series of appeals filed by Timothy M. Barrett ("appellant") arising from his divorce from Valerie Jill Rhudy Minor ("appellee") and the resulting custody, visitation, and support issues. 1 The current dispute arose from orders of the Grayson County Circuit Court ("Grayson Circuit Court") that modified appellant's child support obligation ("support case") and found appellant in...
