Chest Wound Permanent & Significant

Void Sentence Revocation Order Reversed

By Deborah Elkins
Published: November 20, 2012
Tags: Criminal, Judge Larry G. Elder, Virginia Court of Appeals

The Court of Appeals reverses an order revoking two years of defendant’s suspended sentence, as he had only one year and 11 months of his sentence remaining. Here, the trial court revoked two years of defendant’s suspended sentence believing he had two years eight months remaining on his suspended sentence. Neither the commonwealth nor defendant’s [...]

Increased Value of Husband’s Portfolio Not Marital

By Deborah Elkins
Published: November 20, 2012
Tags: Domestic Relations, Judge Larry G. Elder, Virginia Court of Appeals

A divorce court did not err in classifying as marital debt on wife’s business credit cards in her name only, but the court did err in classifying appreciation in husband’s separate brokerage account as marital property, based on wife’s evidence of husband’s research prior to picking stocks for the account; the Court of Appeals affirms [...]

Tuning Fork Certificates Improperly Admitted

By Deborah Elkins
Published: November 9, 2012
Tags: Judge Larry G. Elder, Traffic Offenses, Virginia Court of Appeals

At defendant’s trial for speeding, the trial court erred in admitting certificates of tuning fork accuracy because they did not meet the requirements of Va. Code §§ 8.01-391 and 46.2-882 for the admission of copies, and the Court of Appeals reverses defendant’s speeding conviction under Code § 46.2-870. Defendant objected to admission of the copies [...]

Dad’s ‘Small Farm’ Goes to Wife

By Deborah Elkins
Published: October 15, 2012
Tags: Domestic Relations, Judge Larry G. Elder, Virginia Court of Appeals

The Court of Appeals says a wife was entitled to a “small farm” her parents left to her as her separate property, and the divorce court did not err in imposing a constructive trust on a portion of the parties’ marital property intended to benefit their children. Husband challenges the equitable distribution award, arguing the [...]

GPS Not Needed to Catch Cigarette Thief

By Deborah Elkins
Published: October 15, 2012
Tags: Criminal, Judge Larry G. Elder, Virginia Court of Appeals

Defendant is not entitled to reversal of his grand larceny convictions for stealing cigarettes from two convenience stores based on warrantless use of a GPS in violation of U.S. v. Jones, 132 S. Ct. 945 (2012), the Court of Appeals says; the evidence supports application of the independent source doctrine based on video surveillance tapes [...]

Sexting Teacher Guilty

By Deborah Elkins
Published: October 15, 2012
Tags: Criminal, Judge Larry G. Elder, Virginia Court of Appeals

The Court of Appeals affirms a science teacher’s jury trial convictions for possessing child pornography, electronically soliciting sex and exposing her breasts to a minor; the evidence proved teacher and student began sexting after the school year ended until victim cooperated with police to arrange a meeting at which teacher would take student to her [...]

Possession Proved Knowledge and Intent

By Deborah Elkins
Published: October 4, 2012
Tags: Criminal, Judge Larry G. Elder, Virginia Court of Appeals

The Court of Appeals affirms defendant’s jury trial convictions for receiving stolen property based on evidence showing his possession of three stolen trailers and five stolen riding lawn mowers; remand is necessary to correct a clerical error in the statute cited in the sentencing order. Defendant used a one-car garage owned by victim for storage [...]

Appellate petitions ‘voided’ for vagueness

By Peter Vieth
Published: August 16, 2012
Tags: Judge Larry G. Elder, Supreme Court of Virginia News, Virginia Court of Appeals News

“No more do-overs.” That’s what one appellate specialist said about last week’s published order from the Court of Appeals of Virginia announcing a dismissal penalty for failing to follow the rules for petitions for appeal. The court in March had asked lawyers to address whether a 2011 Supreme Court order mandated dismissal when assignments of [...]

Four-Year Old Capias Valid

By Deborah Elkins
Published: July 30, 2012
Tags: Criminal, Judge Larry G. Elder, Virginia Court of Appeals

The Court of Appeals affirms revocation of defendant’s probation for second or subsequent offense driving under the influence even though the capias his parole officer requested is more than four years old, but the panel reverses and remands to give defendant credit for time served in detention and diversion center incarceration programs. Defendant was convicted [...]