Murder Conviction for Child Methadone Death 
By Deborah Elkins
Published: April 12, 2012
Tags: Criminal, Judge Jere M.H. Willis Jr., Virginia Court of Appeals
A defendant who illegally and feloniously purchased methadone, poured it in a medicine cup and left the cup unattended on the kitchen counter where her three-year-old son found it in the same cup he had used to take cold medicine, can be convicted of second-degree felony murder for the child’s death from an overdose after [...]
Bus Driver’s Conviction Upheld
By Deborah Elkins
Published: March 9, 2012
Tags: Criminal, Judge Jere M.H. Willis Jr., Virginia Court of Appeals
The Court of Appeals affirms a school bus driver’s bench trial conviction for attempted aggravated sexual battery; defendant waived his evidentiary objections and the evidence supports the trial court’s finding of the intent required by Va. Code §§18.2-67.3 and 18.2-67.10(6). Victim, age 10, was a passenger on a public school bus driven by defendant for [...]
Non-Owning Spouse Traced Marital Funds
By Deborah Elkins
Published: October 28, 2011
Tags: Domestic Relations, Judge Jere M.H. Willis Jr., Virginia Court of Appeals
In this appeal following remand in Duva v. Duva, [VLW 009-7-512], the Court of Appeals affirms an equitable distribution award granting wife an equal interest in rental property titled only in husband’s name and a spousal support award of $600 monthly for an unspecified time. Husband and wife separated after nearly 11 years of marriage. [...]
Grandmother’s Custody Petition Dismissed
By Deborah Elkins
Published: October 20, 2011
Tags: Domestic Relations, Judge Jere M.H. Willis Jr., Virginia Court of Appeals
The Court of Appeals affirms dismissal of a grandmother’s petition for custody of her six-year old granddaughter who had been living with her mother outside Virginia for more than two years; the Uniform Child Custody Jurisdiction Act (UCCJEA) and convenience select North Carolina as the proper forum where the child has lived more than six [...]
Attempted Assault Properly Charged
By Deborah Elkins
Published: October 20, 2011
Tags: Criminal, Judge Jere M.H. Willis Jr., Virginia Court of Appeals
Defendant is not entitled to reversal of her bench trial conviction for attempted assault and battery of a law enforcement officer on the basis of a narrow definition of assault that creates a legal absurdity and frustrates plain legislative intent, the Court of Appeals says. Defendant was one of several people in or around a [...]
Felony Charge for Prior ‘Attempted’ Larceny
By Deborah Elkins
Published: October 17, 2011
Tags: Criminal, Judge Jere M.H. Willis Jr., Virginia Court of Appeals
The Court of Appeals upholds defendant’s felony conviction of third offense petit larceny in violation of Va. Code § 18.2-104, over defendant’s challenge to the trial court’s conclusion defendant’s prior conviction of attempted petit larceny was a predicate offense under the statute. Relying on Harris v. Commonwealth, 23 Va. App. 311 (1996), defendant argues his [...]
Flight & Resisting Not Obstruction
By Deborah Elkins
Published: October 11, 2011
Tags: Criminal, Judge Jere M.H. Willis Jr., Virginia Court of Appeals
Defendant wins reversal of his conviction for obstructing justice but his convictions for possessing cocaine and multiple offense habitual offender driving are affirmed by the Court of Appeals. One October evening, two city patrol officers observed defendant and a woman in a car with a license plate bearing an expiration date sticker that conflicted with [...]
15-Minute Wait for Drug Dog Reasonable
By Deborah Elkins
Published: October 11, 2011
Tags: Criminal, Judge Jere M.H. Willis Jr., Virginia Court of Appeals
Defendant is not entitled to reversal of his conviction for possessing heroin with intent to distribute based on a 15-minute wait for a drug dog; the Court of Appeals says the arresting officer made a lawful iiiTerryiii stop to investigate a suspected illegal drug transaction and our cases approve detentions exceeding 15 minutes. In early [...]
Husband Wins Appellate Attorney’s Fees
By Deborah Elkins
Published: June 23, 2011
Tags: Domestic Relations, Judge Jere M.H. Willis Jr., Virginia Court of Appeals
The Court of Appeals affirmed a final divorce decree equitably distributing property and determining support; wife failed to preserve 22 of her 35 assignments of error and the case is remanded to determine appellate attorney’s fees for husband. Husband and wife, both natives of India, separated after nine years of marriage and one child. Wife [...]
Criminal – Rental Property – Failure To Return
By Deborah Elkins
Published: September 16, 2010
Tags: Criminal, Judge Jere M.H. Willis Jr., Virginia Court of Appeals
The Court of Appeals reverses defendant’s conviction of failure to return rental property within 10 days of the expiration of the rental agreement, in light of the stipulation that two of the items – a brake and handle – were returned the next day and rental store manager did not have the rental papers and [...]
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