Navy Dad Gets Supervised Visitation

Suspect Said He Denied Consent, But Search OK

By Deborah Elkins
Published: October 25, 2012
Tags: Judge D. Arthur Kelsey, Search & Seizure, Virginia Court of Appeals

A defendant stopped during a police “spotting operation” at a convenience store, who challenged police discovery of heroin capsules in his pocket by denying at trial that he nodded his head in consent to the officers’ request to search, has his drug convictions affirmed by the Court of Appeals. The most unique fact in this [...]

Nurse’s Handbag Not Job Risk

By Deborah Elkins
Published: August 2, 2012
Tags: Judge D. Arthur Kelsey, Virginia Court of Appeals, Workers' Comp

The Court of Appeals reverses an award of workers’ comp benefits to a nurse who injured her hand reaching inside her handbag for a favorite pen; as a matter of law, the nurse’s handbag is not a risk peculiar to the job under Virginia’s “actual risk” test. In 2009 nurse injured her hand reaching inside [...]

Crumpled Court Order Gets Contempt

By Deborah Elkins
Published: August 2, 2012
Tags: Criminal, Judge D. Arthur Kelsey, Virginia Court of Appeals

A mother who balled up a child support summons and custody order in front of a juvenile and domestic relations district court judge is not entitled to reversal of her contempt conviction for insufficient evidence and lack of confrontation, the Court of Appeals says; Va. Code § 18.2-456 allows summary punishment for direct contempt historically [...]

Claims Deadlines Unauthorized

By Deborah Elkins
Published: July 30, 2012
Tags: Administrative, Judge D. Arthur Kelsey, Virginia Court of Appeals

The Court of Appeals reverses the Virginia Worker’s Compensation Commission decision applying a 2004 administrative guideline of the Virginia Birth-Related Neurological Injury Compensation Program (BIP) to deny $12,590 of parents’ claims for medical expenses as untimely; BIP has no authority to prescribe administrative deadlines inconsistent with the 10-year statutory limitations period. Parents filed a petition [...]

Fresh Snow Prints Led to Burglar

By Deborah Elkins
Published: July 30, 2012
Tags: Criminal, Judge D. Arthur Kelsey, Virginia Court of Appeals

The Court of Appeals affirms defendant’s convictions for burglary, grand larceny and destruction of property based on evidence recovered from his trailer; warrantless entry was reasonable under the circumstance, including distinctive, fresh footprints in the snow leading from the damaged property to defendant’s trailer. Shortly before noon one day in January 2011, a couple called [...]

Accusation Not Coercive

By Deborah Elkins
Published: July 17, 2012
Tags: Criminal, Judge D. Arthur Kelsey, Virginia Court of Appeals

The Court of Appeals reverses the trial court’s suppression of defendant’s confession and remands for trial; defendant voluntarily appeared for questioning at the sheriff’s office four months before her arrest and confessed to stealing to pay her rent; the investigator’s accusation did not make the questioning custodial. Defendant was employed at a convenience store. She [...]

Larceny Separate From Fencing

By Deborah Elkins
Published: July 17, 2012
Tags: Criminal, Judge D. Arthur Kelsey, Virginia Court of Appeals

In this appeal following remand, the Court of Appeals reverses defendant’s bench trial conviction for selling or distributing stolen property; the indictment charged a separate offense of grand larceny with intent to sell or distribute stolen property; proving this offense does not prove fencing and fencing is not a lesser included offense. Defendant was indicted [...]

No Benefits for School Trip & Fall

By Deborah Elkins
Published: July 5, 2012
Tags: Judge D. Arthur Kelsey, Virginia Court of Appeals, Workers' Comp

A school social worker who tripped over a “small gold-colored threshold” connected to a tile surface at the entrance to a school’s copy room is not entitled to workers’ comp benefits, as the Court of Appeals upholds the commission decision that her accident did not arise out of her employment. We adhere to the distinction [...]

‘Good Cause’ Exists to Remand GAL Fee

By Deborah Elkins
Published: June 20, 2012
Tags: Domestic Relations, Judge D. Arthur Kelsey, Virginia Court of Appeals

Although a mother did not file her objections until after the court entered its compensation order for the guardian ad litem, the Court of Appeals holds good cause exists to excuse wife’s procedural default and remands this matter for reconsideration of the fee award. The good cause exception applies when the litigant did not have [...]