Employee Struck by Customer’s SUV Proved Work-Related Injury

QDRO Allowed for Child Support

By Deborah Elkins
Published: January 4, 2012
Tags: Domestic Relations, Judge Randolph A. Beales, Virginia Court of Appeals

The Court of Appeals says a mother can use a Qualified Domestic Relations Order to attach a father’s retirement account to collect a $28,000 child support arrearage, even though the mother waived any personal interest in the account in a premarital agreement. The record shows the father has completely ignored and frustrated the trial court’s [...]

Wrong Test Used for Employee Count

By Deborah Elkins
Published: December 16, 2011
Tags: Judge Randolph A. Beales, Virginia Court of Appeals, Workers’ Comp

The Court of Appeals reverses a workers’ compensation award to a claimant hired to work on a window-replacement project at an apartment building because the contractor who hired claimant did not have at least three persons “regularly in service.” The commission erred in finding that appellant had three or more regular employees under Va. Code [...]

‘Blading’ Body Allows Pat Down

By Deborah Elkins
Published: November 21, 2011
Tags: Criminal, Judge Randolph A. Beales, Virginia Court of Appeals

A majority of the Court of Appeals affirms defendant’s convictions for possessing heroin with intent to distribute and within 1,000 feet of school property; defendant’s suspicious movement “blading” his body provided probable cause to detain and pat down under the circumstances. One day in October 2009, a police officer observed defendant standing with other men [...]

Restitution OK Without ‘Actual Loss’ Finding

By Deborah Elkins
Published: November 14, 2011
Tags: Criminal, Judge Randolph A. Beales, Virginia Court of Appeals

The Court of Appeals affirms defendant senior-care administrator’s sentence including an order to pay $180,082 in restitution for Medicaid payments obtained by false pretenses by claiming payments for Personal Care Aides who did not have the required training; the court rejects defendant’s argument that the aides’ services must have provided some value to their senior [...]

Blood Convicted for Crips ‘Mission’

By Deborah Elkins
Published: October 20, 2011
Tags: Criminal, Judge Randolph A. Beales, Virginia Court of Appeals

Although defendant was a member of the Bloods, a rival gang of the Crips, his participation in a Crips “mission” to enhance the status of a Crips member by attacking people was “acting in association with” a street gang, and the Court of Appeals affirms defendant’s conviction for criminal street gang participation in violation of [...]

Loaded Gun in Gym Bag Nets Felony

By Deborah Elkins
Published: October 17, 2011
Tags: Criminal, Judge Randolph A. Beales, Virginia Court of Appeals

The Court of Appeals affirms mother’s jury trial conviction of felony child neglect under Va. Code § 18.2-371.1(A) in the shooting death of her five-year-old granddaughter based on evidence showing mother left three children unsupervised with a loaded gun in a gym bag in her bedroom where she also stored candy. Mother had a son [...]

Therapy Request Had to Come in JDR Court

By Deborah Elkins
Published: July 19, 2011
Tags: Criminal, Judge Randolph A. Beales, Virginia Court of Appeals

The Court of Appeals says a defendant charged with sexual offenses against his wife, who did not ask at the preliminary hearing in the JDR court for consideration of the appropriateness of counseling or therapy, was not entitled, after his indictment and transfer to circuit court, to have the case returned to JDR court so [...]

Court Could Not Order Concurrent Sentences

By Deborah Elkins
Published: June 9, 2011
Tags: Criminal, Judge Randolph A. Beales, Virginia Court of Appeals

A trial court did not err in rejecting a request from defendant, who was sentenced to 50 years by a Newport News Circuit Court after he pleaded guilty to rape, to serve that sentence concurrently with a prior sentence from by the Williamsburg/James City County Circuit Court for failure to register as a sex offender; [...]

Testimony Proved Felony Destruction of Property

By Deborah Elkins
Published: June 9, 2011
Tags: Criminal, Judge Randolph A. Beales, Virginia Court of Appeals

The Court of Appeals says a defendant is not entitled to reversal of his bench trial conviction for felony destruction of property because the unchallenged trial testimony established property damage exceeding $1,000 and defendant failed to preserve his objections below. Defendant vandalized victims’ property. A victim testified that the damage exceeded $4,000, including over $2,000 [...]