CAV: Termination of mom’s rights reversed
Evidence didn’t support the circuit court’s ruling that a mother failed to remedy past conditions of child abuse. The record also didn’t support affirmance on the alternate ground of inadequate...
View ArticleCAV: DUI exposed children to “probable” risk of injury
A mother’s conviction for felony child neglect was supported by evidence that she was driving with a blood alcohol concentration that was triple the legal limit, with her children in the car....
View ArticleCAV: Records from national pawn shop database admissible
In a grand larceny trial relating to stolen jewelry, printouts from LeadsOnline, which stores resellers’ purchase records for cooperation with law enforcement agencies, were admissible under the...
View ArticleCAV: Self-help moots remedies sought for deficient roof work
No remedy existed for condo owners who, unhappy with a roof renovation, wanted the city to inspect the work and cite the roofer. After a second contractor made fixes, there was nothing for the city to...
View Article‘Drug dog’ reliable, suppression effort fails
With some arguments barred on appeal, and sufficient evidence in the record to support the reliability of a drug dog, the court affirmed the trial court’s denial of defendant’s motion to suppress...
View ArticleInsurance payout supported restitution order
Although the judge entered a general finding that the defendant stole jewelry and silver, the payout by the insurance company was sufficient to support a $58,000 restitution award. Background In...
View ArticleWoman failed to raise defense, still escapes conviction
Where the criminal statute did not apply to failure to appear at a revocation proceeding, the court, citing an exception that allows it to “attain the ends of justice,” vacated a woman’s conviction...
View ArticleBanging on window after wreck was not providing information
Although a man yelled at a woman and banged on her car window after he swerved his vehicle into hers, there was sufficient context to conclude he was not providing his name, address, license number and...
View ArticleGrandparents’ challenge to adoption too late
Grandparents’ objections to an order terminating a father’s parental rights and an adoption order came too late, and their motion for permission to review the adoption file was properly denied by the...
View ArticleTraining, experience qualified nurse as expert
A man convicted of rape claimed the court erred by allowing a nurse to be a witness at his trial because she lacked certification to be a Sexual Assault Nurse Examiner. But the court found no error as...
View ArticleFalse statement on ATF form supports conviction
The defendant argued his prior conviction under Virginia Code § 18.2-57.2, for misdemeanor assault and battery against a family member, was not a “misdemeanor crime of domestic violence,” as used on...
View ArticleNo right to engage in bestiality
A man who encouraged a woman to have carnal knowledge with a dog while performing oral sex on him argued a Virginia statute violated his due process rights, but the court upheld his conviction, finding...
View ArticlePrivate prison investigator failed to give ‘Miranda’ warning
Where a private prison investigator failed to give Miranda warnings to a prisoner before questioning him about possession of contraband, and the trial judge granted a motion to suppress, that judgment...
View ArticleFour interview for Supreme Court opening
Delegates and senators questioned four prospects for a September vacancy on the Supreme Court of Virginia this month, and other candidates could emerge as the General Assembly session continues. Two of...
View ArticleDefendant not entitled to fifth attorney during sentencing
A defendant who repeatedly clashed with his attorneys was not entitled to a continuance during sentencing in order to allow him to obtain the services of another attorney, which would have been his...
View ArticleDriver’s conviction for Felony hit-and-run affirmed Ê
A driver who maintained that he believed he only hit a deer, but who actually hit and killed a person, had his conviction of felony hit and run affirmed. Background At 7:00 a.m. on Aug. 4, 2016,...
View ArticleVictim to be retried over threats to attorney, detective
A crime victim who assisted the commonwealth in the criminal prosecution against his assailant will himself be retried for making threats against the assistant commonwealth’s attorney and a police...
View ArticleWife sanctioned for violating property settlement agreement
A wife who twice violated terms of a property settlement agreement was sanctioned by the court. A third sanction was vacated, however, because it was a criminal contempt sanction in what the circuit...
View ArticleWife, whose breach of PSA was contempt, must pay fees
A wife who breached two sections of the couple’s property settlement agreement was properly held in civil contempt, the Virginia Court of Appeals has held. And under the PSA, she must pay her...
View ArticleNo parental rights for man excluded by genetic testing
An individual who voluntarily acknowledged the paternity of a child and helped raise the child could not be awarded visitation and joint legal custody based on his status as a parent because subsequent...
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