Domestic Relations – Termination Of Parental Rights – Transcript 
By Deborah Elkins
Published: October 6, 2008
The Court of Appeals affirms termination of a father’s parental rights to his two sons and two daughters because he failed to file a transcript of the proceedings in the circuit court and did not timely file his statement of facts in the case; a transcript or statement of facts is indispensable to the resolution [...]
Criminal – Cocaine Distribution – Certificate Of Analysis
By Deborah Elkins
Published: October 6, 2008
At defendant’s cocaine trial, the trial court did not err in admitting a certificate of analysis as improperly filed in a related case charging distribution, and his conviction under Va. Code § 18.2-248 is affirmed by the Court of Appeals.
In examining the filing requirement in numerous cases, we have held that the statute does not [...]
Criminal – Attempted Malicious Wounding – Ramming Police Cruiser
By Deborah Elkins
Published: October 6, 2008
A defendant who repeatedly eluded police during a pursuit that began with a speeding violation, and who several times stopped in front of a police cruiser and then reversed to ram his pickup truck into the cruiser, has his convictions for attempted malicious wounding and felony hit and run affirmed by the Court of Appeals.
The [...]
Criminal – Murder One – Girl At Party – Decomposed Body
By Deborah Elkins
Published: October 6, 2008
The Court of Appeals affirms defendant’s first-degree murder conviction in the death of a 19-year-old young woman who defendant allegedly said he would walk home from a party, but whose badly decomposed body was found one week later in nearby woods.
Because of the advanced decomposition of the body when found, the pathologist was unable to [...]
Domestic Relations – Termination Of Parental Rights – Mom’s Mental Condition
By Deborah Elkins
Published: October 6, 2008
Although a mother contends the evidence was insufficient to prove that her mental or emotional illness was so severe she could not care for her four children, the Court of Appeals affirms termination of the mother’s parental rights.
In terminating the mother’s parental rights, the trial court found that she failed to comply with the foster [...]
Criminal – Marijuana – Intent To Distribute
By Deborah Elkins
Published: October 6, 2008
There was sufficient evidence to convict defendant of possession of marijuana with intent to distribute, the Court of Appeals says, in light of his possession of two plastic baggies containing “bulk marijuana” weighing 20.6 grams; two clear, empty baggies that were “cut off” for distribution purposes; two cell phones; and one package of cigars.
Taken together, [...]
Stay-at-home mom killed in wreck in Nelson County – $1,250,000 Settlement
By Virginia Lawyers Weekly
Published: October 6, 2008
Plaintiff was the executrix of her 48-year-old sister’s estate. Decedent was a married mother of two girls, ages 9 and 12. The decedent and her two daughters died in a motor vehicle crash in Nelson County in 2007.
The deceased mother was not working at the time of the crash, but was going to begin a [...]
Criminal – Attempted Capital Murder – Law Enforcement Officer – Vehicle Assault
By Deborah Elkins
Published: October 6, 2008
A defendant who drove directly toward a police officer who had positioned himself to deploy “stinger spike strips” to blow out defendant’s vehicle tires, and who drove over the officer’s foot and brandished his firearm at another officer, and then shot himself under the chin, is guilty of an attempt to kill a police officer [...]
Criminal – Disorderly Conduct – Local Ordinance
By Deborah Elkins
Published: October 6, 2008
Although defendant contends he could have been convicted of other offenses under the other-crimes proviso of Hampton City Code § 24-12, the Court of Appeals nevertheless upholds his conviction of disorderly conduct.
Responding to a call, police found defendant in a hotel lobby, standing naked, loudly complaining that “small furry animals” were biting him. An officer [...]
Rear-end collision causes epilepsy, neck, back injuries – $2,787,000 Verdict
By Virginia Lawyers Weekly
Published: October 6, 2008
Plaintiff was the passenger in the front seat of a van being driven by his wife. They were attempting a left turn off of a highway when they were struck from behind by the individual defendant, who was driving a corporately owned dual-wheeled pickup truck. The force of the collision was severe enough [...]
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