Unemployment Comp – Voluntary Departure – Good Cause 
By Deborah Elkins
Published: January 19, 2009
A trial court did not err in concluding appellant could not collect unemployment comp because she voluntarily left her job without cause when she left her job at a law firm prior to her designated last day of employment, the Court of Appeals says.
Appellant was a legal assistant. Her employer, a lawyer, became upset with [...]
Domestic Relations – Termination Of Parental Rights – Appeals – Rule 5A:18
By Deborah Elkins
Published: January 19, 2009
Because a father did not make this argument in the court below, the Court of Appeals says the circuit court did not err in refusing to consider a father’s claim that termination of his parental rights was not in his child’s best interests because a parenting capacity evaluation noted the father had parenting strengths [...]
Criminal – Juror Strike – Newspaper Stories
By Deborah Elkins
Published: January 19, 2009
A prospective juror who stated she had been following defendant’s case in newspaper stories and she might have information on the case different from evidence presented in court nevertheless could stay on the jury because her responses to questioning by the judge indicated she could follow the judge’s instructions to put aside that information during [...]
Workers’ Comp – Arising Out Of – Injury By Accident
By Deborah Elkins
Published: January 19, 2009
The commission fully considered employer’s argument that claimant injured herself during the “simple act of sitting,” rather than when she lifted a 20-pound bedside commode in an awkward manner, as claimant testified, and the Court of Appeals upholds the decision that the injury arose out of claimant’s employment and the award of benefits.
Numerous physicians also [...]
Traffic Offenses – DUI – Local Ordinance
By Deborah Elkins
Published: January 19, 2009
A defendant’s DUI conviction is affirmed by the Court of Appeals even though the commonwealth amended the warrant from the original charge under an allegedly invalid local ordinance to a charge under Va. Code § 18.2-266.
Defendant initially was charged with violation of Newport News City Code § 26-8 as well as violation of Code § [...]
Criminal – Robbery – Burglary – Firearm Use – Rule 5A:18
By Deborah Elkins
Published: January 19, 2009
A defendant convicted of multiple burglary, robbery and firearm offenses has his convictions affirmed by the Court of Appeals, which cannot consider his due process claims that were not raised in the trial court.
Defendant argues on appeal that he was denied due process when the commonwealth was allowed to present evidence on rebuttal that contradicted [...]
Criminal – Out-Of-Court ID – Aggravated Malicious Wounding
By Deborah Elkins
Published: January 19, 2009
Although a shooting victim failed to identify defendant from a photo spread hours after the shooting, the Court of Appeals upholds admission of defendant by the victim from a live lineup nearly a year after the shooting, and defendant’s aggravated malicious wounding and firearm convictions are affirmed.
Defendant correctly asserts he was the only individual to [...]
Criminal – Statutory Burglary – Larcenous Intent
By Deborah Elkins
Published: January 19, 2009
A witness who observed defendant walk up the driveway and enter a house next door, which belonged to the witness’s uncle whom the witness knew was not at home, and saw defendant inside the house with an object in his hand, provided sufficient evidence of defendant’s larcenous intent to convict him of statutory burglary, the [...]
Criminal – Assault – Overt Act
By Deborah Elkins
Published: January 19, 2009
There was insufficient evidence to convict defendant of assault based on her act of twice approaching a school bus and threatening to “get” the driver after calling her a “bitch,” and the Court of Appeals reverses defendant’s assault conviction.
Here, as in Bennett v. Commonwealth, 35 Va. App. 442 (2001), the alleged assailant did nothing more [...]
Search & Seizure – Auto Search – Appeals – Rule 5A:18
By Deborah Elkins
Published: January 19, 2009
A defendant convicted of cocaine possession cannot overturn her conviction on the ground that the search of her vehicle was illegal because the police officer’s declaration that the vehicle was to be inventoried was an improper pretextual basis to search the vehicle; the Court of Appeals says her claim is procedurally barred.
At trial, defendant argued [...]
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