Following oral argument on Heather Byers' motion to dismiss, the trial court dismissed Robert and Stacy Pelleks' petition for adoption without prejudice and awarded Byers three thousand dollars in attorney's fees. The Pelleks argue on appeal that the trial court had no statutory authority to award attorney's fees. We agree and reverse the trial court's holding... ANALYSIS... On September 25, 2007, the Pelleks filed a petition for adoption pursuant to Chapter 12 of Title 63.2 of the Code (Code...  

On appeal from decrees granting him a divorce from Deborah A. Ford, awarding her spousal support, and resolving issues of equitable distribution, James D. Ford contends that the trial court erred (1) in denying him a divorce based on adultery; (2) in awarding Deborah spousal support without a finding that denial would impose manifest injustice; (3) in valuing the Somme Avenue property; (4) in denying him equitable distribution credit for his payment of marital debts, including the mortgage on...  

Stanley Hubbard (husband) and Cyrenne Hubbard (wife) were divorced on May 16, 2008. Husband argues that the trial court erred by (1) not limiting the duration of the spousal support award; (2) not imputing income to wife for spousal support purposes; (3) not imputing income to wife for child support purposes; (4) failing to give husband credit for payments he made on the marital liabilities during separation; (5) dividing the marital property based on the current values; and (6) not awarding...  

Following a bench trial, Michael Anthony Dizon was convicted of possession of cocaine, in violation of Code § 18.2-250 and possession of a firearm by a convicted felon and possession of a firearm while possessing cocaine, in violation of Code § 18.2-308.4.1 Dizon appeals these convictions, arguing that the circuit court was without jurisdiction to try him for the felony charges in the absence of an arraignment and entry of pleas. Dizon admits that this issue was not preserved below,...  

Following a bench trial, Michael Wayne Vance ("appellant") was convicted of involuntary manslaughter in violation of Code § 18.2-36. On appeal, appellant contends the evidence failed to prove he acted in a criminally negligent manner when he unintentionally killed a camouflaged hunter while shooting at what he incorrectly thought to be a turkey at a time he knew turkey hunting was prohibited. For the reasons that follow, we affirm the judgment of the trial court... I... When on...  

Travis Stacey Whitehead was convicted of possession of heroin, in violation of Code § 18.2-250, pursuant to a conditional guilty plea. The trial court sentenced Whitehead to five years incarceration with three years and two months suspended. On appeal, Whitehead argues that the trial court erred by refusing to suppress the drug evidence seized from his pocket, arguing that "a narcotics detection dog alerting on a vehicle, without more" does not "give the police probable cause...  

Drew W. Allbritten (father) appeals from a child support order where the amount of child support awarded was more than the guideline amount. Father argues that the trial court erred by not providing written findings of why it deviated from the guideline amount. Renee E. Allbritten (mother) has filed assignments of cross-error, arguing that the trial court erred in finding that there was a material change of circumstances and that any change would justify a decrease in child support. Upon...  

Regina Gayle Roman, wife, appeals from the circuit court's final order confirming the commissioner's report. She argues on appeal that the trial court erred in: (A) confirming the report of the commissioner in chancery; (B) failing to consider her testimony on the tax assessed value of the marital real estate; and (C) failing to take judicial notice of the county assessment. Upon reviewing the record and the briefs of the parties, we conclude that this appeal is without merit. Accordingly, we...  

Michael Joseph Hockensmith (appellant) was convicted by the trial court of possession of cocaine. On appeal, he contends the evidence was insufficient to establish venue in Loudoun County and that the evidence was insufficient to prove he possessed the drugs. Finding the evidence sufficient on both counts, we affirm his conviction... The events in the case occurred at Dulles International Airport. On September 23, 2006, Officer Isabelle Smith, who was stationed at the Dulles Airport Police...  

Jennifer L. Dunwody, appellant (wife), contends the trial court erred in: (1) failing to properly apply the factors contained in Code § 20-107.1(E) by awarding spousal support to John R. Dunwody, appellee (husband); and (2) awarding attorney's fees and costs to husband. For the reasons stated, we affirm the trial court... BACKGROUND... The parties were married on October 8, 1993 and have two minor children, ages 14 and 10. At the time of the marriage, husband was a machinist. He was laid...  

On appeal from his conviction for driving under the influence (DUI), a second or subsequent offense, in violation of Code § 18.2-266, Michael Andre Artis contends the trial court erred by refusing to consider his constitutional challenge to Newport News City Code § 26-72 because that challenge was not timely filed. We granted Artis's petition for appeal on the sole question whether "the trial court abused its discretion in applying Code § 19.2-266.2(A)(iii) and Code §...  

I. INTRODUCTION... Appealing his conviction for third or subsequent offense petit larceny from the Circuit Court of Accomack County, Steven Lee Wood argues the circuit court erred in admitting a document showing a prior conviction for larceny during the guilt phase of the trial because it contained sentencing information. Finding no error, we affirm... II. BACKGROUND... The relevant facts may be succinctly stated. A grand jury indicted Wood for third or subsequent offense petit larceny in April...  

Mount Vernon Hospital and its insurer (collectively referred to hereinafter as employer) appeal a decision of the Workers' Compensation Commission awarding Betty Lou Devers (claimant) permanent total disability benefits. Employer argues on appeal that 1) the evidence was not sufficient to prove that claimant was totally disabled and was not sufficient to prove that the problems with her left arm were related to her earlier, compensable workplace injury to her right arm, 2) the deputy...  

Jeffrey M. Fadness ("husband"), appeals several issues relating to his divorce from Lynette T. Fadness ("wife"). Husband argues that the Circuit Court of Fairfax County (circuit court) committed reversible error by (1) failing to grant him a divorce on the grounds of cruelty or desertion, (2) awarding each party an improper percentage of the marital property, (3) holding that wife sufficiently requested spousal support in her complaint, and by holding that wife provided evidence...  

William John Miller appeals his conviction for possession of cocaine with intent to distribute in violation of Code § 18.2-248. He contends the trial court erred by failing to grant his motion to suppress evidence seized from his person, arguing that the evidence was obtained as the result of an illegal pat-down search. Finding no error, we affirm the judgment of the trial court... Background... "Under familiar principles of appellate review, we view the evidence and all reasonable...  

Following a bench trial, the trial court convicted Edwin Lester Falls, Jr. ("appellant") of possession of a firearm, after having been previously convicted of a felony, in violation of Code § 18.2-308.2. On appeal, he contends the trial court erred in denying his motion to strike the Commonwealth's evidence and finding the evidence sufficient to prove his guilt beyond a reasonable doubt. We conclude the trial court did not err in denying appellant's motion to strike the...  

Dominion Virginia Power and Dominion Resources, Inc. appeal a decision of the Workers' Compensation Commission finding that Harold Dean Flora, Jr. (claimant) proved (1) his psychiatric disability is causally related to his compensable May 23, 2001 injury by accident; (2) he has been totally disabled since November 1, 2006, based upon the opinions of the treating orthopedic surgeon, Dr. Lawrence Morales, and, therefore, had no duty to market; (3) referral to Dr. Donald Mingione, a psychologist,...  

Gary Dwight Brannon, appellant, was convicted, in a bench trial, of leaving the scene of an accident involving personal injury, in violation of Code § 46.2-894. On appeal, he contends the trial court erred in finding the evidence was sufficient to convict. For the reasons stated, we reverse appellant's conviction... BACKGROUND... On October 24, 2006, B.H. was driving to work on Nine Mile Road in Richmond. Appellant, driving a pickup truck, side-swiped two parked cars and then rear-ended...  

Kelis Allen Hamilton (appellant) appeals his convictions of participating in a criminal street gang in violation of Code § 18.2-46.2 and three counts of assault and battery by a mob in violation of Code § 18.2-42. He argues that the evidence was insufficient to prove that he was a member of a criminal street gang, that the evidence was insufficient to prove that the assaults of Garrett Johnston and Daniel Payne were committed by a mob, and that the evidence was insufficient to prove...  

Pamela Ruth Hatfield appeals her conviction of embezzlement and argues her conviction violated double jeopardy principles. We disagree and affirm the trial court... Hatfield was indicted in Russell County and Tazewell County for embezzlement from her employer, Community Health Clinic, which operated medical clinics in both counties. The Russell County indictment, dated February 13, 2006, charged Hatfield with embezzlement of property having a value of $200 or more in Russell County from April...