Criminal – Murder – Mental Health Expert 
By Deborah Elkins
Published: December 8, 2008
A defendant who shot his neighbors multiple times with an “AK 47 styled” rifle as they drove past defendant’s home, killing the wife and permanently disabling the husband, and then engaged in an hours-long standoff with law enforcement, has his convictions of first-degree murder and related crimes affirmed by the Court of Appeals.
Defendant had been [...]
Domestic Relations – Termination Of Parental Rights – Domestic Violence
By Deborah Elkins
Published: December 8, 2008
A father with multiple convictions of assault and battery on his children’s mother has termination of his parental rights upheld by the Court of Appeals.
The trial court’s major concern with father was the history of violence between him and mother. Father told the social worker that he planned to reunite with mother when he was [...]
Criminal – Mandatory Minimum Sentence – Firearms Convictions
By Deborah Elkins
Published: December 8, 2008
The Court of Appeals vacated sentences imposed on two teenage defendants convicted of five counts each of using a firearm in commission of a robbery of a card party, as the trial court erred in concluding it was not required to apply the mandatory minimum sentence provisions of Va. Code § 18.2-53.1.
The two juvenile defendants [...]
Domestic Relations – Spousal & Child Support – Attorney’s Fees
By Deborah Elkins
Published: December 8, 2008
A husband who has $86,000 in annual income is ordered to pay $750 in monthly spousal support to wife, who earns under $20,000 per year, as well as $7,500 of her attorney’s fees, the Court of Appeals holds.
Central to the parties’ spousal support dispute is the debt of each in relation to their incomes, particularly [...]
Criminal – Contempt – Continuance – Client No-Show
By Deborah Elkins
Published: December 8, 2008
The Court of Appeals affirms a contempt conviction for a defense lawyer who told his client he need not appear for trial after the defense lawyer and the prosecutor had agreed to a continuance, but without entry of an order of continuance by the trial court.
The lawyer argues the evidence was insufficient to find him [...]
Domestic Relations – Offset Orders – No Transcript
By Deborah Elkins
Published: December 8, 2008
The Court of Appeals concludes the divorce court had jurisdiction to issue offset orders in this proceeding but the appellate court cannot determine whether the lower court erroneously failed to consider tax consequences associated with the offset because appellant husband did not provide a transcript or statement of facts necessary for review.
The “final” divorce decree [...]
Domestic Relations – Child Support – Change In Circumstances – Father’s New Family
By Deborah Elkins
Published: December 8, 2008
Although the health of the parties’ twins had improved and the father had purchased a home for himself, his girlfriend and their new child, the trial court erred in finding a material change in circumstances since the prior JDR court order requiring husband to pay $4,000 in monthly child support, the Court of Appeals says.
Father [...]
Workers’ Comp – Doctor Choice – Course Of Treatment Doctrine
By Deborah Elkins
Published: December 8, 2008
The Court of Appeals says the commission did not err in granting a mother’s request for a change of treating physician for her teenage son, injured in a fall at the grocery store where he worked, where the employer’s claims adjuster agreed in advance to accept a change of physician if the son or mother [...]
Ensuring safe holiday office cheer
By Karen Harned
Published: December 8, 2008
As the year draws to a close and the holiday season fast approaches, employers can chase away any holiday fears and ensure a business full of happy holiday cheer by avoiding a few common legal pitfalls.
By taking some simple precautions, employers can ring in the New Year without worrying about any post-holiday headaches (or lawsuits).
Holiday [...]
$6B power plant proposed for Surry
By News in Brief
Published: December 8, 2008
NEWPORT NEWS—Old Dominion Electric Cooperative is proposing to build a $6 billion coal- and biomass-fired power plant on 1,600 acres in Surry County.
The Glen Allen-based cooperative said Tuesday that it needs a new plant to meet an estimated doubling of energy demand in the next two decades. ODEC generates, buys and transmits power for 12 [...]
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