Claimant Should Have Presented ‘All Issues’ 
By Deborah Elkins
Published: November 3, 2011
Tags: Judge D. Arthur Kelsey, Virginia Court of Appeals, Workers’ Comp
Although claimant amended his initial claim alleging injuries to his shoulder, back and hips and was granted a continuance to pursue his additional claim for injuries to his head and leg, he did not heed the commission’s warning to address “all issues” at the first hearing, and the Court of Appeals upholds the commission’s application [...]
Store-Bought Tag Prompts Pickup Stop
By Deborah Elkins
Published: October 17, 2011
Tags: Judge D. Arthur Kelsey, Traffic Offenses, Virginia Court of Appeals
A defendant who was driving a pickup truck at 10:00 p.m. on a February night, with three people in the cab and a store-bought farm use tag, gave a state trooper reasonable suspicion to stop the truck to determine if in fact it was being used as a farm vehicle, and the Court of Appeals [...]
Girlfriend Beating Is ‘Malicious’ Bodily Injury
By Deborah Elkins
Published: October 11, 2011
Tags: Criminal, Judge D. Arthur Kelsey, Virginia Court of Appeals
The Court of Appeals upholds defendant’s conviction for maliciously causing bodily injury by beating his girlfriend, leaving her with chronic pain; defendant can be convicted under the “malicious wounding” statute, Va. Code § 18.2-51, even though an injury did not involve shooting, cutting, stabbing or otherwise breaking the skin by external violence.
Often labeled the malicious [...]
Sex Offender Suspension Revoked for Internet Use
By Deborah Elkins
Published: August 16, 2011
Tags: Criminal, Judge D. Arthur Kelsey, Virginia Court of Appeals
The Court of Appeals affirms the trial court’s revocation of the suspension of all four years remaining on defendant’s five-year sentence for soliciting a minor for sex by computer based on record evidence showing a series of violations culminating with defendant’s using the Internet to contact the sister of a probation officer to arrange a [...]
‘Three-Six’ Testimony Supports Gang Crimes
By Deborah Elkins
Published: August 4, 2011
Tags: Criminal, Judge D. Arthur Kelsey, Virginia Court of Appeals
Eyewitness and victim testimony about defendant’s participation in a beating during which assailants identified as “three-six,” and a detective gang expert’s testimony about the “three-six” being the 36th Street Bang Squad criminal gang, supported defendant’s convictions for participating in a criminal street gang, conspiracy to maim by mob and maiming by mob, says the Court [...]
No Actual Prejudice from Joint Trial
By Deborah Elkins
Published: August 4, 2011
Tags: Criminal, Judge D. Arthur Kelsey, Virginia Court of Appeals
A trial court did not err in refusing to order two separate trials of two codefendants on charges of abduction with intent to extort money, attempted robbery, firearm possession and use and wearing body armor while possessing a firearm; the Court of Appeals earlier affirmed the joint trial decision with regard to the codefendant, and [...]
Felony Bigamy Conviction Upheld
By Deborah Elkins
Published: August 4, 2011
Tags: Criminal, Judge D. Arthur Kelsey, Virginia Court of Appeals
Although defendant argues he cannot be prosecuted for bigamy because his marriage to another woman without divorcing his previous wife was “void,” the Court of Appeals upholds defendant’s felony bigamy conviction under Va. Code § 18.2-362.
Defendant Curtis Cole married Tammy Taylor in 1995. Without first divorcing Taylor, Cole went through a marriage ceremony with [...]
Gang Signs, Colors Support Conviction
By Deborah Elkins
Published: August 2, 2011
Tags: Criminal, Judge D. Arthur Kelsey, Virginia Court of Appeals
There was sufficient evidence to convict defendant of participation in a criminal street gang in violation of Va. Code § 18.2-46.2(A), based on evidence that he used a gang sign and wore colors for the gang, the Gangsta Disciples, when he participated in a home invasion; the Court of Appeals affirms defendant’s conviction under Code [...]
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 [...]
Hearsay Exception Not Limited to Initial Complaint
By Deborah Elkins
Published: July 6, 2011
Tags: Criminal, Judge D. Arthur Kelsey, Virginia Court of Appeals
Defendant is not entitled to reversal of his jury trial conviction for forcible sodomy of a nine-year-old child based on a hearsay objection to a social worker’s testimony, the Court of Appeals said; the testimony was properly admitted under Va. Code § 19.2-268.2 and our case law.
A social worker and a deputy sheriff visited [...]
VLW Verdicts & Settlements
Refine your search for VLW Verdict & Settlement Reports or send us your case results for publication. Database search feature available to VLW subscribers only - login required.
Log in to search the V & S Database
Submit a Verdicts & Settlements Report
 |
GET THE VLW DAILY ALERT
The Daily Alert from Virginia Lawyers Weekly brings you the latest legal news every morning in your e-mail. You’ll get headline news, a link to the day’s Top Opinion and more!
Click here to sign up for the Alert
STAY CONNECTED WITH VLW
Stay up-to-date with the latest news and information from Virginia Lawyers Weekly by subscribing to our RSS feeds and visiting our social media pages.
