second assignment error in Virginia

2025See Code § 8.01-235; Jones v. Jones, 249 Va. 565, 571-72 (1995).

2025See Code § 8.01-235; Jones v. Jones, 249 Va. 565, 571-72 (1995).

2024See Bartley v. Commonwealth, 67 Va. App. 740, 744 (2017) (“‘[W]hen a party’s “failure to strictly adhere to the requirements of Rule 5A:20(e)” is significant,’ this Court may treat the question as waived.” (quoting Parks v. Parks, 52 Va. App. 663, 664 (2008))). - 15 -

2011See Fadness v. Fadness, 52 Va. App. 833, 851 , 667 S.E.2d 857, 866 (2008) (“If the parties believed that the circuit court erred, it was their duty to present that error to us with legal authority to support their contention.”); Parks v. Parks, 52 Va. App. 663, 664 , 666 S.E.2d 547, 548 (2008). 5 Contrary to father’s argument, he had the opportunity to cross-examine every witness, and at the conclusion of the hearing, the trial court acknowledged father’s “very thorough cross examination.” 6 The trial court did not accept the items into evidence because father had not complied with the pre-tri

2016BACKGROUND “On appeal from a decision of the Workers’ Compensation Commission, the evidence and all reasonable inferences that may be drawn from that evidence are viewed in the light most favorable to the party prevailing below.” Artis v. Ottenberg’s Bakers, Inc., 45 Va. App. 72, 83 , 608 S.E.2d 512, 517 (2005) (en banc) (citations omitted).

2016BACKGROUND “On appeal from a decision of the Workers’ Compensation Commission, the evidence and all reasonable inferences that may be drawn from that evidence are viewed in the light most favorable to the party prevailing below.” Artis v. Ottenberg’s Bakers, Inc., 45 Va. App. 72, 83 , 608 S.E.2d 512, 517 (2005) (en banc) (citations omitted).

2025Statements are made “voluntarily” when they are “the - 10 - product of a free and deliberate choice rather than intimidation, coercion or deception.” Moran v. Burbine, 475 U.S. 412, 421 (1986).

2025Podracky v. Commonwealth, 52 Va. App. 130, 134-35 (2008) (approving this approach where a constitutional challenge did not have merit).

2024See Bartley v. Commonwealth, 67 Va. App. 740, 744 (2017) (“‘[W]hen a party’s “failure to strictly adhere to the requirements of Rule 5A:20(e)” is significant,’ this Court may treat the question as waived.” (quoting Parks v. Parks, 52 Va. App. 663, 664 (2008))). - 15 -

2020However, that assignment of error was not granted. -4- elements of the crime beyond a reasonable doubt,’” Crowder, 41 Va. App. at 663 (quoting Kelly v. Commonwealth, 41 Va. App. 250, 257 (2003) (en banc)).

2019See Rent-A-Center, W., Inc. v. Jackson , 561 U.S. 63 , 130 S.Ct. 2772 , 177 L.Ed.2d 403 (2010) (adopting the parties' use of the term "delegation clause" or "delegation provision"). 3 In light of our resolution of the second assignment of error, we need not address the remaining assignments of error.

2019See Rent-A-Center, W., Inc. v. Jackson , 561 U.S. 63 , 130 S.Ct. 2772 , 177 L.Ed.2d 403 (2010) (adopting the parties' use of the term "delegation clause" or "delegation provision"). 3 In light of our resolution of the second assignment of error, we need not address the remaining assignments of error.

2019BACKGROUND “Under well-settled principles of appellate review, we consider the evidence presented at trial in the light most favorable to the Commonwealth, the prevailing party below[, and] accord * Pursuant to Code § 17.1-413, this opinion is not designated for publication. 1 As we conclude that the evidence presented at the appellant’s trial failed to prove that he forged the public records at issue, we do not reach the appellant’s second assignment of error arguing that the evidence failed to establish his “intent to defraud.” the Commonwealth the benefit of all inferences fairly deducible

2017Therefore, this position is not inconsistent with the Commonwealth’s argument “that the defendant was aware of both the presence and character of the [methamphetamine precursors] and that it was subject to [her] dominion and control.” Id. at 232-33 , 700 S.E.2d at 488 (quoting Powers v. Commonwealth, 227 Va. 474, 476 , 316 S.E.2d 739, 740 (1984)). 2 Based on our finding that the defendant did not have standing to contest the search, we do not address the issue raised in the Commonwealth’s second assignment of error. -6- S.E.2d 160, 163 (1992).

2017Therefore, this position is not inconsistent with the Commonwealth’s argument “that the defendant was aware of both the presence and character of the [methamphetamine precursors] and that it was subject to [her] dominion and control.” Id. at 232-33 , 700 S.E.2d at 488 (quoting Powers v. Commonwealth, 227 Va. 474, 476 , 316 S.E.2d 739, 740 (1984)). 2 Based on our finding that the defendant did not have standing to contest the search, we do not address the issue raised in the Commonwealth’s second assignment of error. -6- S.E.2d 160, 163 (1992).

2016See Muhammad v. Commonwealth, 269 Va. 451, 478 , 619 S.E.2d 16, 31 (2005) (“Failure to adequately brief an assignment of error is considered a waiver.” (citation omitted)).

2016See City of Chesapeake v. Dominion SecurityPlus Self Storage, L.L.C. , 291 Va. 327 , 336, 785 S.E.2d 403 , 407 (2016) (a dispositive assignment of error obviates any need to address other assignments of error) (collecting cases).

2016See City of Chesapeake v. Dominion SecurityPlus Self Storage, L.L.C. , 291 Va. 327 , 336, 785 S.E.2d 403 , 407 (2016) (a dispositive assignment of error obviates any need to address other assignments of error) (collecting cases).

2016See Muhammad v. Commonwealth, 269 Va. 451, 478 , 619 S.E.2d 16, 31 (2005) (“Failure to adequately brief an assignment of error is considered a waiver.” (citation omitted)).

2015See United States v. Jean, 285 F. App’x 651, 652-53 (11th Cir. 2008) (holding that defendant, who spoke Creole and could not read English, was able to knowingly waive his rights when he could understand spoken English, could communicate orally in English, 2 Because we agree with the Commonwealth, we need not address the Commonwealth’s second assignment of error, concerning the trial court’s finding of fact regarding the use of an interpreter. -5- and was able to provide detailed information about his involvement in the offense); United States v. Jaswal, 47 F.3d 539, 542 (2d Cir. 1995) (holding

2015See, e.g., State v. Atkinson, 46 Conn.Supp. 130 , 741 A.2d 991 , 1001-02 (1999)("It may be inferred that a loss of consciousness has been caused by a serious impairment of a bodily organ, through an impairment of the function of the brain, known by common experience to be an organ of the body requiring the use of oxygen to sustain its operation and activity.... a loss of consciousness, however brief, may constitute a serious physical injury under [the state penal code].").

2015See, e.g., State v. Atkinson, 46 Conn.Supp. 130 , 741 A.2d 991 , 1001-02 (1999)("It may be inferred that a loss of consciousness has been caused by a serious impairment of a bodily organ, through an impairment of the function of the brain, known by common experience to be an organ of the body requiring the use of oxygen to sustain its operation and activity.... a loss of consciousness, however brief, may constitute a serious physical injury under [the state penal code].").

2015See United States v. Jean, 285 F. App’x 651, 652-53 (11th Cir. 2008) (holding that defendant, who spoke Creole and could not read English, was able to knowingly waive his rights when he could understand spoken English, could communicate orally in English, 2 Because we agree with the Commonwealth, we need not address the Commonwealth’s second assignment of error, concerning the trial court’s finding of fact regarding the use of an interpreter. -5- and was able to provide detailed information about his involvement in the offense); United States v. Jaswal, 47 F.3d 539, 542 (2d Cir. 1995) (holding

2015Foltz v. Commonwealth, 58 Va.App. 107, 114 , 706 S.E.2d 914, 918 (2011) ("[W]e seek to decide cases, on the best and narrowest ground available from the record.

2015Foltz v. Commonwealth, 58 Va.App. 107, 114 , 706 S.E.2d 914, 918 (2011) ("[W]e seek to decide cases, on the best and narrowest ground available from the record.

2014Accordingly, “there is no ruling for us to review on appeal.” Ohree v. Commonwealth, 26 Va. App. 299, 308 , 494 S.E.2d 484, 489 (1998) (citing Fisher v. Commonwealth, 16 Va. App. 447, 454 , 431 S.E.2d 886, 890 (1993)). parties, we conclude that this appeal is without merit.

2014Accordingly, “there is no ruling for us to review on appeal.” Ohree v. Commonwealth, 26 Va. App. 299, 308 , 494 S.E.2d 484, 489 (1998) (citing Fisher v. Commonwealth, 16 Va. App. 447, 454 , 431 S.E.2d 886, 890 (1993)). parties, we conclude that this appeal is without merit.

2014Under Rule 5A:18, the “same argument must have been raised, with specificity, at trial before it can be considered on appeal.” Correll v. Commonwealth, 42 Va. App. 311, 324 , 591 S.E.2d 712, 719 (2004). -3- Likewise, with respect to the second assignment of error, appellant cites nothing in the record indicating he presented this argument to the trial court, and we find nothing in his petition for review before the trial court indicating this argument was made below.

2014Under Rule 5A:18, the “same argument must have been raised, with specificity, at trial before it can be considered on appeal.” Correll v. Commonwealth, 42 Va. App. 311, 324 , 591 S.E.2d 712, 719 (2004). -3- Likewise, with respect to the second assignment of error, appellant cites nothing in the record indicating he presented this argument to the trial court, and we find nothing in his petition for review before the trial court indicating this argument was made below.