Employment – Public Employee Grievance – Rule 5A:18 
By Deborah Elkins
Published: November 17, 2008
The Court of Appeals cannot consider an appeal from a circuit court decision upholding disciplinary action taken by the Southside Virginia Training Center against appellant employee because the employee did not make a timely objection or timely raise before the circuit court any of the arguments she now makes on appeal, regarding her contention that [...]
Criminal – Voluntariness Of Statement – Plea Negotiations
By Deborah Elkins
Published: November 17, 2008
A defendant who admitted his mistaken belief that his interview with police resulted from plea negotiations initiated by his counsel, involving a different robbery in Prince William County, cannot overturn his conviction on the ground that police did not advise him of his mistake, the Court of Appeals holds.
There is no evidence of coercion and [...]
Domestic Relations – Equitable Distribution – Marital Residence
By Deborah Elkins
Published: November 17, 2008
Although husband and wife both claimed a greater-than-50-percent share of the marital home, the evidence supports the trial court decision to divide the equity in the home in half, the Court of Appeals says.
Each spouse argued for a greater share of the value of the parties’ marital home, which the couple purchased for $330,000. The [...]
Criminal – Felon In Possession – Rifle In Vehicle
By Deborah Elkins
Published: November 17, 2008
Although defendant claimed he was only driving a Chevy Blazer that belonged to another person, and he did not possess the .22 caliber rifle, borrowed in order to teach defendant’s seven-year-old son to shoot, found in the Blazer, the Court of Appeals affirms his conviction of possession of a firearm as a convicted felon.
We [...]
Criminal – Embezzlement – Double Jeopardy
By Deborah Elkins
Published: November 17, 2008
A defendant indicted in both Russell County and Tazewell County on charges of embezzling money from her employer, Community Health Clinic, which operated medical clinics in both counties, was not subjected to double jeopardy when she was prosecuted on the Tazewell County charges after she pleaded guilty to the Russell County charges, the Court of [...]
Workers’ Comp – Permanent Disability – RSD – Videotape
By Deborah Elkins
Published: November 17, 2008
Although a videotape undercut an employee’s claim of the extent of her permanent disability from reflex sympathetic dystrophy, she nevertheless presented sufficient proof, including medical evidence from her treating physician and another expert, to support her claim of permanent disability and the Court of Appeals upholds the award of benefits.
The commission found that claimant exaggerated [...]
Search & Seizure – Nervous Behavior – Weapons Frisk
By Deborah Elkins
Published: November 17, 2008
A defendant conceded that his initial encounter with an officer in a motel parking lot was consensual, and his nervous behavior and attempt to walk away quickly allowed the officer, who was responding to a “narcotics in progress” call, to conduct a weapons frisk of defendant; the Court of Appeals affirms defendant’s cocaine conviction.
In addition [...]
Permanent back pain predicted despite delay in getting treatment – $225,000 Verdict
By Virginia Lawyers Weekly
Published: November 17, 2008
This was a rear-end collision case with the defendants admitting liability. The plaintiff was a 48-year-old woman who volunteered in her church, her children’s school and her neighborhood. She injured her back in the collision, although she was unaware of any injury at the scene of the accident.
She experienced back aches five months [...]
Criminal – Assault By Mob – Criminal Street Gang – Summer Party
By Deborah Elkins
Published: November 17, 2008
Testimony from persons in attendance at an end-of-summer party without about 400 people and alcohol, held at a large farm, and expert testimony from a police gang expert on the meaning of dress and conduct of some persons attending the party, supported defendant’s conviction of participating in a criminal street gang, the Nine Trey Bloods, [...]
Criminal – Attempted Child Rape – Investigator Opinion
By Deborah Elkins
Published: November 17, 2008
Assuming without deciding that the trial court erred in allowing the prosecutor to ask an investigating police officer if she thought defendant’s nine-year-old niece was lying when she described defendant’s attempt to rape her, any such error was harmless, the Court of Appeals says.
The evidence of defendant’s guilt was overwhelming. Prior to the officer’s testimony, [...]
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