Wife’s Spousal Support Upheld

Parent’s Remedial Efforts Not Enough

By Deborah Elkins
Published: November 29, 2012
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals

Although a mother argues she has made improvements in conditions – unemployment, mental health issues, domestic violence – that led to removal of her five minor children from her custody, the Court of Appeals upholds an order terminating her parental rights. The evidence showed mother has been unwilling or unable to remedy the conditions which [...]

Joint Title for Inherited Parcel Upheld

By Deborah Elkins
Published: November 29, 2012
Tags: Domestic Relations, Judge Stephen R. McCullough, Virginia Court of Appeals

Although husband testified at trial that a parcel of property was inherited by his relatives and he did not realize wife’s name was on a loan and deed for the property, both parties also stated on the record that they wanted the trial court to leave the property jointly titled and not do anything else [...]

Evidence Proved Robbers Conspired

By Deborah Elkins
Published: November 29, 2012
Tags: Criminal, Judge Rossie D. Alston Jr., Virginia Court of Appeals

The Court of Appeals affirms defendant’s conviction for conspiracy to commit robbery based on evidence showing defendant acted in concert with two other individuals in robbing victim One November evening, defendant and two other men were sitting on steps outside a building near Norfolk State University. Victim approached and the men talked with him, one [...]

Accomplice’s Plea Supports Conspiracy

By Deborah Elkins
Published: November 29, 2012
Tags: Criminal, Judge Rudolph Bumgardner III, Virginia Court of Appeals

The Court of Appeals affirms defendant’s conviction for conspiring with a woman to rob victim of his television set; the woman’s guilty to plea to conspiracy supports finding a conspiracy considering other record evidence of concerted action. While moving, victim was pushing a cart loaded with a television and a box of clothes. Victim passed [...]

Inadequate Proffer Defeats Appeal

By Deborah Elkins
Published: November 29, 2012
Tags: Criminal, Judge Robert P. Frank, Virginia Court of Appeals

The Court of Appeals affirms father’s jury trial convictions for sex crimes against his minor daughter; the trial court properly refused to allow victim’s aunt to testify as an impeachment witness: she heard victim testify and defendant failed to make an adequate proffer identifying the relevant community. At age 14 or 15, victim reported that [...]

Single Blow was Malicious Wounding

By Deborah Elkins
Published: November 29, 2012
Tags: Criminal, Judge Rudolph Bumgardner III, Virginia Court of Appeals

The Court of Appeals affirms defendant’s conviction for malicious wounding under Johnson v. Commonwealth, 53 Va. App. 79 (2008), that a single blow delivered with sufficient brutality can support conviction for malicious wounding: defendant hit victim with sufficient force to break his nose and orbital bone, requiring ongoing treatment; defendant boasted of his strength, threatened [...]

Proximity Insufficient for Possession

By Deborah Elkins
Published: November 29, 2012
Tags: Criminal, Judge Stephen R. McCullough, Virginia Court of Appeals

Defendant is entitled to reversal of her conviction for felon possession of ammunition, the Court of Appeals says; no record evidence shows defendant was even aware of the ammunition concealed in a magazine within a holster pouch; defendant had only known the car owner a few days and no evidence shows she had ever been [...]

Dog Owner Wins New Trial

By Deborah Elkins
Published: November 29, 2012
Tags: Criminal, Judge Rossie D. Alston Jr., Virginia Court of Appeals

A majority of the Court of Appeals says defendant is entitled to a new trial because the trial court applied the wrong standard in finding her guilty of inadequately caring for her dog and ordering her to pay $1,350 to the local humane society; Va. Code §3.2-6569(E) requires proof beyond a reasonable doubt; the dissent [...]

Board’s Denial of Contract Claim OK’d

By Deborah Elkins
Published: November 29, 2012
Tags: Administrative, Judge Walter S. Felton Jr., Virginia Court of Appeals

A homeowner is not entitled to compensation from the Board for Contractors based on deficient work by the contractor hired to renovate her home; the Court of Appeals says the circuit court erred in considering evidence on appeal that was not in the administrative record and in reversing the board’s denial of compensation under the [...]