Quantcast
Home / 2008 / May (page 4)

Monthly Archives: May 2008

Criminal – Guilty Plea Withdrawal – DUI (access required)

A defendant who says he was distracted by his family’s well-being, particularly the poor health of his wife, when he entered his plea of guilty to a charge of DUI, fourth offense, cannot withdraw his guilty pleas on that basis, ...

Read More »

Criminal – Sentencing Guidelines – Statutory Maximum – Judicial Review (access required)

Although defendant contends the 43-year sentence imposed on his multiple felony convictions exceeded the recommended sentence under Virginia’s advisory sentencing guidelines, the sentence did not exceed the applicable statutory maximum and the Court of Appeals has no authority to review ...

Read More »

Criminal – Murder – Pregnant Girlfriend (access required)

A murder victim’s earlier casual statements to others that she was pregnant and that defendant, her boyfriend, was the father, were not testimonial statements under Crawford v. Washington, 541 U.S. 36 (2004), and the Court of Appeals holds the trial ...

Read More »

Domestic Relations – Marital Property – Wife’s Business – Goodwill Value (access required)

Although the divorce court did not list wife’s insurance business itself as marital property, the court did include all its assets in equitable distribution, and the Court of Appeals rejects husband’s claim the trial court did not adequately value goodwill. ...

Read More »

Domestic Relations – Appeals – Rule 5A:18 – Marital Home (access required)

Although wife contends she has three agreements signed by husband promising that if they divorced, he would continue to pay the mortgage on the marital home and she would own it, she never argued in the trial court that the ...

Read More »

An electronic ‘leash’ (access required)

A case involving a convicted embezzler could resolve whether a sentencing judge has any say about the early release of a state inmate for home electronic monitoring. Judith Brumfield of Gretna was convicted in 2006 of stealing from her employer, ...

Read More »

Administrative – Driver Training School – Teaching For Pay (access required)

A commercial school for truck drivers regulated by the Department of Motor Vehicles did not violate DMV regs when it used a mechanic who was training to be an instructor to teach a class of five drivers, when DMV agents ...

Read More »

Environmental – Facility Classification – Materials Recovery (access required)

A circuit court properly upheld a classification of a business park’s proposed facility by the Department of Environmental Quality as a materials recovery facility, not a recycling center, under DEQ’s waste management regulations; the Court of Appeals affirms the circuit ...

Read More »

Criminal – Felony Eluding – Suspected Drunken Driver (access required)

A driver first clocked at 72 mph in a 35-mph zone, who continued to drive erratically and ignored an officer’s emergency lights for two miles, can be convicted of felony eluding under Va. Code § 46.2-817(B), the Court of Appeals ...

Read More »