Judge Cleo E. Powell « Virginia Lawyers Weekly

Pest company’s noncompete case heard

By Deborah Elkins
Published: September 14, 2011
Tags: Contract, Judge Bruce D. White, Judge Cleo E. Powell, Justice William C. Mims, Supreme Court of Virginia News

The Supreme Court of Virginia has a chance to clarify the law on noncompetes as it takes a fresh look at an agreement it upheld over 20 years ago.
Then and now, a pest control company with an extensive customer list asks employees to sign a contract intended to keep a defecting employee from filching clients [...]

Rights Ended for Dad’s Lack of Progress

By Deborah Elkins
Published: August 4, 2011
Tags: Domestic Relations, Judge Cleo E. Powell, Virginia Court of Appeals

The Court of Appeals affirms termination of father’s parental rights based on record evidence showing father had failed to make substantial progress remedying the conditions requiring foster care, and he could not state with certainty when he would be able to provide a home for the children.
Father was convicted of possessing drugs [...]

Mother’s Progress Trumps Clinical Psychologist

By Deborah Elkins
Published: August 4, 2011
Tags: Domestic Relations, Judge Cleo E. Powell, Virginia Court of Appeals

The Court of Appeals affirms denial of the Department of Social Services’ petitions to terminate mother’s rights to her four children based on the record evidence of her progress which the trial court credited over the testimony of a clinical psychologist and social worker.
DSS removed mother’s four children from her home in [...]

Trial Court Must Correct Confusing Instruction

By Deborah Elkins
Published: August 4, 2011
Tags: Criminal, Judge Cleo E. Powell, Virginia Court of Appeals

The Court of Appeals reverses defendant’s conviction for misdemeanor failure to pay wages in violation of Va. Code § 40.1-29 (E) because the trial court failed to instruct the jury on the requisite “intent to defraud” after rejecting defendant’s proffered instruction as confusing; the trial court’s rulings on jurisdiction and admissible evidence are affirmed. [...]

McClanahan, Powell elected to Supreme Court

By Alan Cooper
Published: August 1, 2011
Tags: General Assembly, Judge Cleo E. Powell, Judge Elizabeth A. McClanahan, Judgeships

The General Assembly elected Virginia Court of Appeals Judges Elizabeth A. McClanahan and Cleo E. Powell to the Supreme Court of Virginia last Friday.
The legislature then filled the court of appeals vacancies by electing Glen A. Huff, a former law partner of Gov. Robert F. McDonnell and a civil litigator in Virginia Beach, and Stephen [...]

Powell, McClanahan likely for Supreme Court

By Alan Cooper
Published: July 26, 2011
Tags: General Assembly, Gov. Bob McDonnell, Judge Cleo E. Powell, Judge D. Arthur Kelsey, Judge Elizabeth A. McClanahan, Judicial Selection, Supreme Court of Virginia News, Virginia Court of Appeals News

Virginia Court of Appeals Judges Cleo E. Powell and Elizabeth A. McClanahan appear to be set to move up to the Supreme Court of Virginia under an agreement between House Democrats and Senate Republicans.
The General Assembly will convene Friday to elect the judges, and House Courts Chairman David Albo, R-Fairfax, said the agreement includes the [...]

Suspension Revoked for Larceny, No Restitution

By Deborah Elkins
Published: July 21, 2011
Tags: Criminal, Judge Cleo E. Powell, Virginia Court of Appeals

The Court of Appeals affirms the trial court’s revocation of two years of defendant’s suspended sentence after the commonwealth presented evidence of defendant’s failure to pay restitution and a new conviction for petit larceny; defendant failed to preserve his notice objection to the new law violation.
In 2005, defendant was convicted of construction fraud and sentenced [...]

Hernandez Claim Not Preserved After Plea Withdrawal

By Deborah Elkins
Published: July 21, 2011
Tags: Criminal, Judge Cleo E. Powell, Virginia Court of Appeals

A majority of the Court of Appeals affirms defendant’s conviction for petit larceny because she conceded the sufficiency of the evidence for conviction after withdrawing her guilty plea and her counsel failed to present to the trial court her argument about its inherent authority to defer disposition and dismiss, a question left open in Hernandez [...]

‘Lifestyle’ Comment Not Grounds for Reversal

By Deborah Elkins
Published: July 6, 2011
Tags: Domestic Relations, Judge Cleo E. Powell, Virginia Court of Appeals

The Court of Appeals affirmed a final divorce decree determining spousal support and requiring husband to pay wife’s expert regarding husband’s ability to work; the trial court’s determinations are supported by the record and its decision to award expert expenses was not an abuse of discretion.
Husband and wife separated after 19 years [...]

Claimant’s Delayed Injury Report OK

By Deborah Elkins
Published: June 9, 2011
Tags: Judge Cleo E. Powell, Virginia Court of Appeals, Workers' Comp

The Court of Appeals affirmed the commission majority awarding benefits to an employee who reported his injury to employer after learning of its severity; employer has not shown any prejudice.
Employee injured his right knee at work. He initially believed the injury was not serious and attempted to run recreationally but experienced [...]

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