Judge James W. Haley Jr. | Virginia Lawyers Weekly

Lay Testimony Supports Property Valuation

By Deborah Elkins
Published: May 18, 2011
Tags: Criminal, Judge James W. Haley Jr., Virginia Court of Appeals

The Court of Appeals says a trial court did not err in convicting defendant of grand larceny of coins stored in two gallon-size glass jars, based on evidence that included testimony about the size and contents of the jars.
A man broke the front-door glass to gain access to his brother’s house and discovered his [...]

Venue Not Proper Where Car Stolen

By Deborah Elkins
Published: April 28, 2011
Tags: Criminal, Judge James W. Haley Jr., Virginia Court of Appeals

Although a car was stolen from the victim’s home in Colonial Heights and there was evidence defendant had used the vehicle in Henrico, Chesterfield and Petersburg, the commonwealth had no evidence defendant had actually stolen the car, so venue was improper in Colonial Heights for conviction of defendant for unauthorized use of a vehicle, as [...]

Seizure OK After Defendant Walked Back to Talk with Police

By Deborah Elkins
Published: April 11, 2011
Tags: Criminal, Judge James W. Haley Jr., Virginia Court of Appeals

The Court of Appeals rejected the commonwealth’s appeal of the trial court’s suppression of marijuana discovered after defendant was stopped by a police officer working private security who observed defendant wearing a backpack in an area of reported thefts.
Defendant was observed moving quickly between two vendor tents about 9:30 p.m. after a severe October thunderstorm. [...]

PSA Covers Total Retirement Plan

By Deborah Elkins
Published: March 14, 2011
Tags: Domestic Relations, Judge James W. Haley Jr., Virginia Court of Appeals

The Court of Appeals rejects husband’s appeal of the trial court’s decision awarding wife half of husband’s self-funded retirement plan.
Less than one month after the parties separated, husband’s counsel prepared a PSA giving wife “fifty percent (50%) of the value of HUSBAND’s retirement plan at Merck [husband’s employer] for the period starting on the date [...]

PSA Not Drafted to Include Later Retirement Pension

By Deborah Elkins
Published: March 8, 2011
Tags: Domestic Relations, Judge James W. Haley Jr., Virginia Court of Appeals

Wife is not entitled to share in a retirement pension that did not exist at the time of the time of the parties’ PSA, and the Court of Appeals affirms the trial court judgment.
The parties were married over 30 years; in 1988 they executed a PSA drafted by wife’s attorney. The PSA was incorporated [...]

Venue for Forgery Proper Where Defendant Resided

By Deborah Elkins
Published: March 8, 2011
Tags: Criminal, Judge James W. Haley Jr., Virginia Court of Appeals

A defendant convicted of forgery of a promissory note cannot overcome a strong presumption of venue for an offense committed in the county of prosecution, Mecklenburg, says the Court of Appeals.
Defendant was convicted in 2009 for the 2004 forgery of her daughter-in-law’s signature as co-signor on a promissory note for $30,500. Chase City [...]

BAC Certificate Comes In, Despite Arrest Delay Claim

By Deborah Elkins
Published: March 8, 2011
Tags: Judge James W. Haley Jr., Traffic Offenses, Virginia Court of Appeals

A defendant who alleges he was not arrested within three hours of driving under the influence because the officer did not perform “any physical act” of arrest, loses his challenge to admission of the certificate of analysis under Virginia’s implied consent law; the Court of Appeals affirms defendant’s conviction for DUI, second offense within five [...]

‘Unsigned’ Order OK as Predicate Conviction

By Deborah Elkins
Published: March 8, 2011
Tags: Criminal, Judge James W. Haley Jr., Virginia Court of Appeals

A defendant cannot overturn his conviction for domestic assault and battery, third offense, with a claim that the trial court should not have received into evidence an unsigned order documenting one predicate offense; the Court of Appeals says there is sufficient evidence to support defendant’s third domestic assault conviction.
Virginia Code § 17.1-123(A) says an unsigned [...]

Criminal – Speedy Trial – Va. Statute – No Order

By Deborah Elkins
Published: January 6, 2011
Tags: Criminal, Judge James W. Haley Jr., Virginia Court of Appeals

Although defendant argues he was not tried on a charge of malicious wounding within five months of his preliminary hearing, as required by Va. Code § 19.2-243, the Court of Appeals finds no speedy trial violation because defendant did not object to the date set for trial before the date occurred.
Defendant’s failure to object to [...]

‘Deferred judgment’ practice on hold

By Peter Vieth
Published: December 20, 2010
Tags: Criminal, Fairfax County Circuit Court, Judge James W. Haley Jr., Judge Jan L. Brodie, Supreme Court of Virginia News, Virginia Court of Appeals News

Getting a court to defer judgment may be the best a lawyer can do for a particular criminal client.
But in some kinds of cases, that option has been in limbo for the last few years. Lawyers are watching closely to see if the Supreme Court of Virginia will rule on the subject at the court’s [...]

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