Toddler’s Overdose Felony Murder

Tail Light Coating Is Basis for Stop

By Deborah Elkins
Published: April 16, 2013
Tags: Criminal, Judge Jere M.H. Willis Jr., Virginia Court of Appeals

An officer’s stop of a tractor-trailer with a dirty license plate cover and reflective coating on the tail lights was based on a reasonable and articulable suspicion that the tail lights violated a Virginia statute restricting alteration of motor vehicles that did not comply with equipment requirements, and the Court of Appeals upholds defendant’s conviction [...]

Wife Mooted Her Appeal

By Deborah Elkins
Published: February 27, 2013
Tags: Domestic Relations, Judge Jere M.H. Willis Jr., Virginia Court of Appeals

The Court of Appeals dismisses as moot wife’s appeal of an order setting her appeal bond at $465,499; wife mooted her appeal by transferring her interest in a South Carolina property to husband and paying the child support arrearage; we award husband appellate attorney’s fees and remand to determine the amount. Wife moved to suspend [...]

Wife Loses Custody, Wins Property

By Deborah Elkins
Published: February 27, 2013
Tags: Domestic Relations, Judge Jere M.H. Willis Jr., Virginia Court of Appeals

The Court of Appeals affirms in part and reverses in part a final divorce decree determining child custody, support and equitable distribution of property; only one of wife’s numerous assignments of error concerning South Carolina property shows reversible error; neither party is awarded appellate attorney’s fees in view of the substantial issues presented. Husband and [...]

Absent Mom Loses Custody Challenge

By Deborah Elkins
Published: February 25, 2013
Tags: Domestic Relations, Judge Jere M.H. Willis Jr., Virginia Court of Appeals

A majority of the Court of Appeals affirms the trial court denying mother’s motion to change child custody after she moved to North Carolina without her two minor children and awards father his appellate attorney’s fees and courts to be determined on remand; the dissent argues mother’s motion sufficiently stated the proffered evidence and she [...]

Husband’s ‘Waste’ Claim Remanded

By Deborah Elkins
Published: December 6, 2012
Tags: Domestic Relations, Judge Jere M.H. Willis Jr., Virginia Court of Appeals

Although a divorce court found that wife, who withdrew $40,000 from an Ameritrade account to start her own business, had dissipated marital assets, the court did not identify which assets wife dissipated, and the Court of Appeals remands the case for clarification of the equitable distribution award, upon review of wife’s withdrawal from the Ameritrade [...]

Law Prof’s Fingerprint Opinion Not Relevant

By Deborah Elkins
Published: December 6, 2012
Tags: Criminal, Judge Jere M.H. Willis Jr., Virginia Court of Appeals

A defendant accused of fatally shooting his estranged wife in the head and leaving his latent fingerprints on a nearby typed “suicide note” cannot rebut expert opinions by two fingerprint analysts for the commonwealth with expert testimony from a law professor who teaches evidence and who is not a fingerprint analyst; the Court of Appeals [...]

Parental Rights Order Void, Visitation Request Reinstated

By Deborah Elkins
Published: October 25, 2012
Tags: Domestic Relations, Judge Jere M.H. Willis Jr., Virginia Court of Appeals

A trial court had no jurisdiction to terminate a mother’s parental rights to her child based on her waiver in a property settlement agreement and because that decision is void, it could not support the trial court’s subsequent denial of mother’s request to reinstate the case on the docket and establish a visitation schedule; the [...]

Felon Gun Possession Proved

By Deborah Elkins
Published: October 15, 2012
Tags: Criminal, Judge Jere M.H. Willis Jr., Virginia Court of Appeals

The Court of Appeals affirms defendant’s conviction for felon possession of a firearm based on evidence defendant owned and knew the location of the gun used to shoot from a car he occupied as a passenger with two others. A conservation officer observed five shots fired from the passenger side of a white SUV that [...]

Crack Proves Felon Possessed Gun

By Deborah Elkins
Published: October 15, 2012
Tags: Criminal, Judge Jere M.H. Willis Jr., Virginia Court of Appeals

The Court of Appeals affirms defendant’s jury trial conviction for felon firearm possession based on evidence he was passenger in a car found to contain both crack cocaine and a gun: cocaine is probative of intent to possess a gun properly admitted with a limiting instruction. Police stopped a car in which defendant convicted felon [...]