Driver’s Suspended Sentence Revocation Upheld

Husband May Use Marital Funds Post-Separation

By Deborah Elkins
Published: February 25, 2013
Tags: Domestic Relations, Judge Randolph A. Beales, Virginia Court of Appeals

A husband who drew on marital funds instead of his post-separation salary for post-separation expenses need not reimburse the marital estate, the Court of Appeals holds, as his expenses were proper and did not constitute waste; he will pay $10,000 in monthly spousal support for four years, instead of $30,000 per month indefinitely, as wife [...]

Husband’s use of joint accounts upheld

By Deborah Elkins
Published: February 25, 2013
Tags: Domestic Relations, Judge Melvin R. Hughes Jr., Judge Randolph A. Beales, Richmond Circuit Court, Virginia Court of Appeals News

A high-earning husband did not have to reimburse marital accounts used to pay temporary spousal support and his legal expenses after the parties separated, according to a new decision by the Court of Appeals of Virginia. The husband’s payments – including spousal support, taxes and tuition – were not a “waste” of marital assets, so [...]

Juvenile’s Indecent Exposure Conviction Reversed

By Deborah Elkins
Published: February 14, 2013
Tags: Criminal, Judge Randolph A. Beales, Virginia Court of Appeals

The Court of Appeals reverses a 14-year-old’s bench trial conviction after a “mooning” incident and dismisses the charge of indecent exposure under Va. Code § 18.2-387: as a matter of law, the record evidence does not prove the “obscene” conduct required for conviction under this statute, although it may prove the separate offense of disorderly [...]

Claimant’s Surgery Covered Under ‘Imposition’ Doctrine

By Deborah Elkins
Published: December 6, 2012
Tags: Judge Randolph A. Beales, Virginia Court of Appeals, Workers' Comp

Although claimant’s hand surgery for rheumatoid arthritis was unrelated to her work-related wrist fracture, employer is liable for the cost of her hand surgery under the doctrine of imposition, the Court of Appeals says, as the representative for employer’s workers’ comp carrier sent documentation to the surgeon approving payment of the claim. The commission record [...]

‘Non-Parent’ Has Standing Under Paternity Statement

By Deborah Elkins
Published: November 20, 2012
Tags: Domestic Relations, Judge Randolph A. Beales, Virginia Court of Appeals

Although appellant did not prove he is the biological father of a child, the mother is bound by her agreement acknowledging appellant’s paternity and describing him as the child’s natural father, for all intents and purposes; the Court of Appeals reverses the trial court order finding appellant to be a non-parent with no right of [...]

Malicious Wounding Upheld for Traffic Accident

By Deborah Elkins
Published: November 19, 2012
Tags: Criminal, Judge Randolph A. Beales, Virginia Court of Appeals

Although defendant says he did not have the specific intent to maim, disable or kill victims, or to damage property, when he drove his vehicle more than 40 to 70 mph over the speed limit in a populated area, the Court of Appeals affirms his convictions for malicious wounding of victims of the traffic accident [...]

Court Could Revoke Suspended Sentence

By Deborah Elkins
Published: November 9, 2012
Tags: Criminal, Judge Randolph A. Beales, Virginia Court of Appeals

The Court of Appeals affirms revocation of defendant’s suspended sentenced, despite his claim that the trial court lacked jurisdiction to revoke because he had not begun his probation and had not begun the suspended portion of his sentence when he committed new criminal offenses while on work release. Defendant was sentenced on Dec. 9, 1998 [...]

Spousal Support Requires Findings

By Deborah Elkins
Published: May 25, 2012
Tags: Domestic Relations, Judge Randolph A. Beales, Virginia Court of Appeals

On husband’s appeal, the Court of Appeals affirms equitable distribution and attorney’s fees to wife but reverses spousal support and remands for the trial court to make the written findings required by Va. Code § 20-107.1(F); the trial court’s failure to make the required findings is reversible error that cannot be cured by its findings [...]

Material Significant Aggravation Proved

By Deborah Elkins
Published: May 18, 2012
Tags: Judge Randolph A. Beales, Virginia Court of Appeals, Workers’ Comp

The Court of Appeals affirms an award of benefits to a truck driver who slipped and fell five feet to the ground from his trailer, based on medical testimony that the fall aggravated his existing back condition so that he required surgery. In 2005, employee was treated for back pain with radio frequency ablation. He [...]