Judge Robert P. Frank | Virginia Lawyers Weekly

DUI Appeal Procedurally Defaulted

By Deborah Elkins
Published: May 18, 2012
Tags: Criminal, Judge Robert P. Frank, Virginia Court of Appeals

Defendant is not entitled to reversal of his bench trial conviction for third offense driving under the influence of alcohol on the basis of the inadmissibility of his second offense conviction, the Court of Appeals says; defendant failed to assign error to the admissibility of his second conviction and his brief fails to address the [...]

LPN Care Records Were ‘Forgery’

By Deborah Elkins
Published: May 9, 2012
Tags: Criminal, Judge Robert P. Frank, Virginia Court of Appeals

A licensed practical nurse at a skilled nursing facility who repeatedly logged performance of patient care procedures and medication administration on a patient’s chart, even though she had not done these tasks, as demonstrated by an FBI surveillance video, cannot overturn her forgery conviction in the Court of Appeals.
After the FBI investigation, a grand jury [...]

Sales Clerk’s Discounts Were Embezzlement

By Deborah Elkins
Published: May 3, 2012
Tags: Criminal, Judge Robert P. Frank, Virginia Court of Appeals

A former Macy’s sales clerk cannot overturn her conviction for embezzlement for giving unauthorized discounts and additional unpaid merchandise to a customer, even though the sales clerk did not personally benefit from those acts, the Court of Appeals says.
Defendant admitted she was stealing and knew it was wrong. She thought she could get away with [...]

Tax Returns Proved Wages

By Deborah Elkins
Published: May 1, 2012
Tags: Judge Robert P. Frank, Virginia Court of Appeals, Workers’ Comp

The Court of Appeals affirms the commission decision holding employer entitled to a credit based on reducing employee’s average weekly wage from $1,300 to $800; the evidence does not support a spoliation inference inconsistent with employee’s tax returns; her equitable arguments are procedurally defaulted.
Employee began work as a restaurant server in northern Virginia from August [...]

Robbery Victim in Different Room

By Deborah Elkins
Published: March 22, 2012
Tags: Criminal, Judge Robert P. Frank, Virginia Court of Appeals

The Court of Appeals affirms defendant’s jury trial convictions for two counts of robbery and felony use of a firearm, and one count of armed burglary and animate object sexual penetration; a robbery victim need not be present in the same room when property is stolen and circumstantial evidence is competent to prove defendant’s identity [...]

‘Robbery’ Upheld When Person Nearby

By Deborah Elkins
Published: March 22, 2012
Tags: Criminal, Judge Robert P. Frank, Virginia Court of Appeals

A defendant can be convicted of robbery under Va. Code § 18.2-58 even though the 12-year-old victim whose cell phone, iPod and camera were taken from her purse, was not in the room when the property was taken but had been forced at gunpoint into a nearby bedroom with her mother; the Court of Appeals [...]

QDRO Changed for Wife’s Greater Share

By Deborah Elkins
Published: February 14, 2012
Tags: Domestic Relations, Judge Robert P. Frank, Virginia Court of Appeals

The federal agency paying out wife’s share of husband’s federal pension did not conform to the parties’ intention that the cost of wife’s survivor benefit be deducted from her share after calculation of the gross payment, and the Court of Appeals upholds a trial court modification of the QDRO; but the appellate court reverses the [...]

No Change for Dad’s Move

By Deborah Elkins
Published: January 30, 2012
Tags: Domestic Relations, Judge Robert P. Frank, Virginia Court of Appeals

The Court of Appeals affirms the trial court’s denial of father’s motion to modify spousal support and custody/visitation for changed circumstances; neither father’s move nor mother’s alleged underemployment support making a change
Husband and wife separated after 14 years of marriage and three children, only one a minor at the time of the divorce. Father, in [...]

No Disability on Conflicting Opinions

By Deborah Elkins
Published: January 12, 2012
Tags: Judge Robert P. Frank, Virginia Court of Appeals, Workers’ Comp

The Court of Appeals affirms a majority decision of the Virginia Workers’ Compensation Commission denying permanent and total disability benefits to employee four and one-half years after his work related injury; three doctors opined employee’s disability is not permanent and total and the commission was entitled to credit that testimony over the conflicting opinions of [...]

Attorney’s Fees in Frivolous Appeal

By Deborah Elkins
Published: January 12, 2012
Tags: Domestic Relations, Judge Robert P. Frank, Virginia Court of Appeals

The Court of Appeals affirms a trial court visitation order modifying a parenting agreement incorporated in the parties’ divorce decree after father in anger injured one of the four children; limiting father’s visitation is reasonable and attorney’s fees are imposed for this frivolous appeal.
Father and mother divorced in 1999 and the final decree incorporated a [...]

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