Victim Recollection Establishes Cash Value

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, [...]

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 [...]

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 [...]

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 [...]