Hand Injury Prevented Vocational Rehab

Malicious Wounding and Murder are Separate

By Deborah Elkins
Published: March 12, 2013
Tags: Criminal, Judge James W. Haley Jr., Virginia Court of Appeals

The Court of Appeals affirms defendant’s single jury trial convictions for aggravated malicious wounding and second degree murder of victim who died six months after being stabbed; the offenses charged have separate and distinct elements allowing prosecution for both without violating the Fifth Amendment prohibition against double jeopardy. In June 2010, defendant stabbed victim who [...]

Appeal Dismissed for Wrong Case Number

By Deborah Elkins
Published: January 3, 2013
Tags: Civil Procedure, Judge James W. Haley Jr., Virginia Court of Appeals

The Court of Appeals dismisses an appeal from a perjury conviction, as the notice of appeal mistakenly identified the case number of defendant’s conviction for felony failure to appear, which occurred at the same trial but was unrelated and bore a different case number. Defendant’s two indictments charged unrelated crimes on different dates, that were [...]

Supreme Court clerkship program celebrates 50 years

By Virginia Lawyers Weekly
Published: July 9, 2012
Tags: Judge James W. Haley Jr., Judge John A. Gibney Jr., Judge Stephen R. McCullough, Justice Harry L. Carrico, Supreme Court of Virginia News

In the beginning there were three. Clerks, that is. Fifty years ago this month, the Supreme Court of Virginia hired its first class of judicial law clerks. And that first class had three members: John Pedigo, law clerk for Justice Harry Carrico; H. Thomas Fennell, who clerked for Justice Lawrence Warren I’Anson; and A. James [...]

Hearsay OK at Probation Revocation

By Deborah Elkins
Published: March 1, 2012
Tags: Criminal, Judge James W. Haley Jr., Virginia Court of Appeals

At a robbery defendant’s probation revocation hearing, a trial court did not violate defendant’s due process right to confront witnesses when it admitted a detective’s hearsay testimony concerning two other offenses, one of which never resulted in charges against the defendant and one where the charges were dropped; on rehearing en banc, the Court of [...]

No Comp for Job Outside Virginia

By Deborah Elkins
Published: February 7, 2012
Tags: Judge James W. Haley Jr., Virginia Court of Appeals, Workers’ Comp

A laborer hired in Virginia to perform a job in Delaware cannot collect workers’ comp in Virginia for a job-related injury, and the Court of Appeals upholds the commission’s denial of benefits. While doing drywall work in Delaware, claimant fell off a ladder and was injured. The employer, claimant and other workers all were present [...]

Stock Was Gift to Husband

By Deborah Elkins
Published: January 30, 2012
Tags: Domestic Relations, Judge James W. Haley Jr., Virginia Court of Appeals

A divorce court erred in failing to recognize that husband’s acquisition of half the stock of a family pesticide business owned by husband, his brother and their mother, was a gift from the corporation, and the Court of Appeals reverses in part and remands the case for further proceedings. A gift, used here in its [...]

Counsel’s Threat Defeats Employee’s Claim

By Deborah Elkins
Published: January 5, 2012
Tags: Judge James W. Haley Jr., Virginia Court of Appeals, Workers’ Comp

An employee who stopped working after being released to pre-injury work is not entitled to benefits from a change in condition, the Court of Appeals says; employee failed to prove adequate marketing of his residual capacity and the commission properly terminated benefits. Employee worked as a welder. In July 2007, he sustained a serious work-related [...]

Pre-existing Conditions Negate Presumption

By Deborah Elkins
Published: January 3, 2012
Tags: Judge James W. Haley Jr., Virginia Court of Appeals, Workers’ Comp

A delivery truck driver’s pre-existing conditions negate application of a presumption that his heart attack was work-related, the Court of Appeals says; the commission’s denial of dependent benefits is affirmed. Employee worked as mail delivery truck driver for a county school board. He drove an assigned van on a fixed route with about 40 daily [...]

No Proffer for Guilty Plea Withdrawal

By Deborah Elkins
Published: December 16, 2011
Tags: Criminal, Judge James W. Haley Jr., Virginia Court of Appeals News

The Court of Appeals says a trial court did not abuse its discretion in denying defendant’s motion to withdraw his guilty plea to a felony charge of abduction with intent to defile of a woman whom he had followed and offered a ride to work, as defendant offered no reasonable basis for contesting his guilt. [...]