Judge Robert P. Frank | Virginia Lawyers Weekly

Gun in Waistband Is ‘Threatening’

By Deborah Elkins
Published: January 5, 2012
Tags: Criminal, Judge Robert P. Frank, Virginia Court of Appeals

A defendant charged with wearing a mask and using a gun to rob a drugstore cannot overturn his convictions by challenging the credibility of the informant who testified defendant told her he would sell her drugs he bought with money he got from a guy at the drugstore; the Court of Appeals rejects defendant’s claim [...]

DMV Transcript Proved Status Indefinite

By Deborah Elkins
Published: December 16, 2011
Tags: Judge Robert P. Frank, Traffic Offenses, Virginia Court of Appeals

The commonwealth’s failure to produce defendant’s 1997 habitual offender declaration does not entitle him to reversal of his bench trial conviction for second offense driving as a habitual offender, the Court of Appeals says; a Department of Motor Vehicles (DMV) transcript proved defendant’s status was indefinite and defendant admittedly knew he needed to petition the [...]

Support Recalculation Ordered

By Deborah Elkins
Published: December 16, 2011
Tags: Domestic Relations, Judge Robert P. Frank, Virginia Court of Appeals

In this divorce case involving a trial court ruling that a pending mandate of the Court of Appeals restricted the trial court’s consideration of spousal and child support modifications, the appellate court says the trial court erred in holding it lacked jurisdiction to consider motions to modify spousal and child support based on a change [...]

Six Months for Nonappearance Reversed

By Deborah Elkins
Published: November 3, 2011
Tags: Criminal, Judge Robert P. Frank, Virginia Court of Appeals

The Court of Appeals reverses defendant’s six month sentence for failure to appear and remands for sentencing not to exceed the statutory maximum of 10 days; defendant may raise this jurisdictional issue on appeal.
Defendant was charged with motor vehicle offenses for evading and eluding and repeat offense driving with a suspended license. He failed [...]

Withdrawal of No Contest Plea Disallowed

By Deborah Elkins
Published: October 11, 2011
Tags: Criminal, Judge Robert P. Frank, Virginia Court of Appeals

Defendant is not entitled to reversal of his forcible sodomy conviction because he was not allowed to withdraw his nolo contendere plea; the Court of Appeals says defendant failed to proffer evidence supporting withdrawal.
In August 2009, defendant entered a nolo contendere plea to a forcible sodomy charge. A pre-sentence report disclosed learning disorders, treatment for [...]

Disbarred Dad Must Pay Appeal Fees

By Deborah Elkins
Published: August 2, 2011
Tags: Domestic Relations, Judge Robert P. Frank, Virginia Court of Appeals

A majority of the Court of Appeals affirms in part, reverses in part and remands a child support arrearage determination; in a separate appeal, the Court of Appeals unanimously affirms a father’s contempt citation for a $10,000 child support arrearage; the Court of Appeals grants mother’s requests for appellate attorney’s fees in both appeals because [...]

Victim Recollection Establishes Cash Value

By Deborah Elkins
Published: August 2, 2011
Tags: Criminal, Judge Robert P. Frank, Virginia Court of Appeals

Defendant is not entitled to reversal of his bench trial conviction for grand larceny for insufficiency of evidence when the victim testified as to the amount of cash in her stolen wallet, the Court of Appeals said.
On September 6, 2009, victim’s wallet was stolen from inside her car. Shortly after a [...]

No Spa Pool on Doc’s Prescription

By Deborah Elkins
Published: July 21, 2011
Tags: Judge Robert P. Frank, Virginia Court of Appeals, Workers' Comp

A school board need not pay for the “spa pool” for an employee with back pain from a shoulder injury; although claimant had a doctor’s prescription, he did not show that a six-person home spa pool was medically necessary, and the Court of Appeals reverses the commission decision ordering payment by employer.
Claimant saw a television [...]

No Ineffective Assistance Claim on Direct Appeal

By Deborah Elkins
Published: June 6, 2011
Tags: Criminal Law, Judge Robert P. Frank, Virginia Court of Appeals

A defendant convicted of grand larceny cannot appeal alleging ineffective assistance of counsel, as that claim is not cognizable on direct appeal, and the Court of Appeals dismisses the appeal.
Defendant never argues his guilty plea was not voluntarily and intelligently given. He simply concluded, under the prejudice prong of Strickland, that if he had more [...]

Agency Overpayment Notice Did Not Satisfy Reg

By Deborah Elkins
Published: June 6, 2011
Tags: Administrative, Judge Robert P. Frank, Virginia Court of Appeals

In a state agency’s claim for reimbursement for overpayment to an ambulance service provider,
the Court of Appeals upholds a circuit court decision for the provider that the agency notice of adjustment must include, not incorporate, any information or authority it relies upon in taking action, and the agency’s letter with CD did not meet the [...]

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