Parental Rights to Five Daughters Terminated

Chest Wound Permanent & Significant

By Deborah Elkins
Published: July 17, 2012
Tags: Criminal, Judge Larry G. Elder, Virginia Court of Appeals

Defendant is not entitled to reversal of his jury trial conviction for malicious wounding based on the 21-year old stabbing victim’s testimony about his recovery, the Court of Appeals says; victim was hospitalized 11 days, had a prolonged recovery and suffered lasting lung damage and visible scar. One day in July, 2009, defendant and another [...]

Amended Indictment Expanded Means

By Deborah Elkins
Published: July 17, 2012
Tags: Criminal, Judge Larry G. Elder, Virginia Court of Appeals

Defendant is not entitled to reversal of his jury trial convictions for object sexual penetration and robbery, the Court of Appeals says; the amended indictment properly charged a different means of accomplishing the crime and the evidence proved defendant took something of value from victim’s pocket. Defendant and other intruders entered an apartment and left [...]

Husband Can’t Back Up Adultery Claim

By Deborah Elkins
Published: July 5, 2012
Tags: Domestic Relations, Judge Larry G. Elder, Virginia Court of Appeals

A husband’s complaints about his lawyer wife not billing a client did not support his claim she committed adultery with the client, and the Court of Appeals affirms a final decree of no-fault divorce and denial of spousal support to husband. Wife argued her alleged suspicious conduct could be explained by her attorney-client relationship with [...]

Malice Proved, Despite Unintended Victim

By Deborah Elkins
Published: July 5, 2012
Tags: Criminal, Judge Larry G. Elder, Virginia Court of Appeals

A defendant who came to a crowded high school bus stop with a gun in his pocket, intending to harm another person, can be convicted of malicious wounding and a firearm offense for accidentally shooting an unintended victim as defendant tried to take the weapon out of his pocket; the Court of Appeals says there [...]

$12 M Bridge Construction Award Remanded

By Deborah Elkins
Published: May 25, 2012
Tags: Administrative, Judge Larry G. Elder, Virginia Court of Appeals

In this appeal concerning performance of contractor AMEC Civil LLC’s contract with VDOT for the Route 58 Clarksville Bypass in Mecklenburg County, the Court of Appeals reverses in part and remands an award of $12 million to the contractor; the circuit court erred in awarding damages based on indirect overhead costs and averaging and for [...]

Spousal Support Terminated After 19 Years

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

The Court of Appeals affirms the trial court’s decision granting husband’s motion to terminate monthly spousal support of $2,150 nineteen years after the parties separated; wife’s argument about the lack of written findings is procedurally defaulted and her proffered new employment evidence does not meet admissibility standards; we decline to award husband appellate attorney’s fees. [...]

Alibi Instruction Not Warranted

By Deborah Elkins
Published: May 8, 2012
Tags: Criminal, Judge Larry G. Elder, Virginia Court of Appeals

Defendant is not entitled to reversal of his conviction for felony hit and run based on refusal of his proposed alibi instruction; the Court of Appeals says defendant can show no abuse of discretion in the ruling that record evidence fails to place him away from the scene of the crime at the relevant time. [...]

Safety-Rule Violation Bars Comp

By Deborah Elkins
Published: April 6, 2012
Tags: Judge Larry G. Elder, Virginia Court of Appeals, Workers’ Comp

In employee’s appeal of the denial of benefits, the Court of Appeals affirms the commission’s determination that employee violated a known safety rule to unplug the meat slicer before cleaning it; employee’s willful violation cannot be excused by alleged nonenforcement of other more general safety rules. Employee operated a slicer at employer’s restaurant. Safety rules [...]

20-Second Struggle Was Abduction

By Deborah Elkins
Published: April 6, 2012
Tags: Criminal, Judge Larry G. Elder, Virginia Court of Appeals

The Court of Appeals affirms defendant’s bench trial conviction under Va. Code § 18.2-48 for abduction with intent to defile: Defendant’s 20-second struggle with victim after she repeatedly refused his advances suffices to prove abduction with intent to defile. Defendant had an argument with his girlfriend. Victim was working alone at 3:30 a.m. in a [...]