Appeal Tossed: Transcript Filed With Judge, Not Clerk
In this divorce action initiated in 2007, culminating in a final divorce decree entered in 2016, the Court of Appeals dismisses the wife’s appeal because a transcript of a Nov. 19, 2012 hearing was...
View ArticleCourt Order Book Pages Were Admissible
A defendant cannot overturn his conviction of cocaine distribution, third or subsequent offense, by challenging the trial court’s admission of certified pages of a Lynchburg Circuit Court order book to...
View ArticleRights Ended for Dad’s Drug Abuse
The Court of Appeals terminates a father’s parental rights to his two daughters, who were removed from their home due to a history of substance abuse by both parents, as well as arrests and...
View ArticleMom Not a Felon for Leaving Children in Car
A mother who left her five-year-old son and four-month-old daughter alone in an unlocked car in a public parking lot for 14 and one-half minutes is not guilty of felony child endangerment; the Court of...
View ArticleWitness Never Identified Defendant
A three-judge panel of the Court of Appeals, granted a petition for appeal for a defendant charged with robbery, attempted carjacking, and conspiracy to commit carjacking, it found that the trial court...
View ArticleMother’s conviction in son’s drowning death reversed
A divided panel of the Court of Appeals of Virginia has reversed the felony child neglect conviction of a Pulaski County mother whose 5-year-old son died in a septic tank accident. The 2-1 ruling...
View ArticleText Message Treatment Supported Warrant
A defendant’s complaints about an affidavit to secure a warrant to search defendant’s residence a few hours after he was identified as a suspect in breaking open a drive-through ATM in order to enter a...
View ArticleMine Worker Wins Lifetime Wage Benefits
The Court of Appeals affirms an award of lifetime wage benefits to a mine worker diagnosed with pneumoconiosis pursuant to Va. Code § 65.2-504(A)(4), rejecting employer’s contention that the claim for...
View ArticleAppeal Tossed: Transcript Filed With Judge, Not Clerk
In this divorce action initiated in 2007, culminating in a final divorce decree entered in 2016, the Court of Appeals dismisses the wife’s appeal because a transcript of a Nov. 19, 2012 hearing was...
View ArticleCourt Order Book Pages Were Admissible
A defendant cannot overturn his conviction of cocaine distribution, third or subsequent offense, by challenging the trial court’s admission of certified pages of a Lynchburg Circuit Court order book to...
View ArticleRights Ended for Dad’s Drug Abuse
The Court of Appeals terminates a father’s parental rights to his two daughters, who were removed from their home due to a history of substance abuse by both parents, as well as arrests and...
View ArticleMom Not a Felon for Leaving Children in Car
A mother who left her five-year-old son and four-month-old daughter alone in an unlocked car in a public parking lot for 14 and one-half minutes is not guilty of felony child endangerment; the Court of...
View ArticleWitness Never Identified Defendant
A three-judge panel of the Court of Appeals, granted a petition for appeal for a defendant charged with robbery, attempted carjacking, and conspiracy to commit carjacking, it found that the trial court...
View ArticleMother’s conviction in son’s drowning death reversed
A divided panel of the Court of Appeals of Virginia has reversed the felony child neglect conviction of a Pulaski County mother whose 5-year-old son died in a septic tank accident. The 2-1 ruling...
View ArticleStatutory Construction – Firearms – Felony Predicate
Cartagena v. Commonwealth (VLW No. 017-7-282, 12 pp.) (Russell, J.) Appealed from Virginia Beach Circuit Court (Padrick, J) Va. App. Pub. Holding: Defendant was convicted of falsifying a firearm...
View ArticleIndian Child Welfare Act not applicable
The court of appeals affirmed that the Indian Child Welfare Act’s protections were not triggered by Appellant Jocelyn Lee Geouge’s assertion that her child might be of Cherokee descent. In this case,...
View ArticleStatement about outstanding warrant not hearsay
The court of appeals held that the trial court, considering a motion to suppress, did not err in admitting an officer’s testimony that, before he attempted to arrest the defendant, another officer had...
View ArticleSchool payments were waste of marital assets
In a divorce action, the court affirmed an equitable distribution that offset the husband’s share by the amount he independently spent on college tuition for the divorcing couple’s adult son. The...
View ArticleTuition payments deemed waste of marital assets
A divorcing father’s unilateral decision to use a marital investment account to pay for his adult son’s master’s program was properly considered waste of the marital assets, the Court of Appeals of...
View ArticleCAV: Request to “see” pill bottle included its contents
When a citizen conversing voluntarily with police gave them the unlabeled pill bottle in his pocket, he consented to inspection of both the outside and inside. The trial court erred in suppressing the...
View Article