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Author Archives: Virginia Lawyers Weekly

REHEARING GRANTED (306588) (access required)

On May 26, 1993, the Virginia Court of Appeals granted a rehearing en banc in Wilson v. Commonwealth, VLW 093-7-186, originally decided by a panel of that court on April 6, 1993.

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Domestic Relations – Property Valuation – Date Of Remand Hearing (access required)

The trial court did not abuse its discretion in holding that, upon remand from a prior appeal, the date for valuing the marital property should be the date of the remand hearing, which was four years after the original hearing ...

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Criminal – Prior Larceny Convictions – Jury Instruction – Consideration For Punishment (access required)

The trial court erred in defendant’s trial for petit larceny in failing to instruct the jury that defendant’s previous larceny convictions should not be considered in determining guilt or innocence, but should only be considered in fixing punishment if his ...

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Criminal – Speedy Trial – Time To Obtain Counsel – Reversal (access required)

Where the trial court in making its statutory speedy trial calculation under Va. Code § 19.2-243 charged against defendant the 15-day period granted by the court to permit defendant initially to obtain counsel, this was a faulty calculation and the ...

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Criminal – Guilty Plea Rejection – Knowing & Voluntary (access required)

Although defendant stated that he was willing to plead guilty to reduced charges of aggravated sexual battery “because of his background,” that he could not afford to do a “lot of time,” that he was having problems in his “current ...

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Workers' Comp – Arising Out Of – Ordinary Disease – Carpal Tunnel Syndrome (access required)

Where the treating physician, an orthopedic specialist, stated that in his opinion claimant’s right trigger thumb was probably precipitated because of the repetitious nature of her assembly line work, and that claimant’s trigger finger and her bilateral carpal tunnel syndrome ...

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Civil Practice – Appeals – Rule 5A:18 – Waiver Of Objections (access required)

Although wife appeals the trial court’s order of child and spousal support on the ground that the trial court considered evidence not in the record, this argument will not be heard because wife’s trial counsel did not object at trial ...

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