Judge Rosemarie Annunziata | Virginia Lawyers Weekly

Husband Wins Remand on Prenup

By Deborah Elkins
Published: March 28, 2012
Tags: Domestic Relations, Judge Rosemarie Annunziata, Virginia Court of Appeals

On husband’s appeal of an equitable distribution award, a majority of the Court of Appeals affirms the trial court’s interpretation of the parties’ prenuptial agreement to classify jointly owned real estate as marital but reverses awarding wife any interest in that property or an investment account; husband’s other arguments are barred by procedural errors.
Husband and [...]

Roofer Looking for Leak Gets Comp

By Deborah Elkins
Published: March 9, 2012
Tags: Judge Rosemarie Annunziata, Virginia Court of Appeals, Workers’ Comp

In employer’s appeal of a workers’ comp award, the Court of Appeals affirms the majority decision of the commission that employee suffered a compensable injury when he slipped on a roof and fell 25 feet: the evidence supports an inference that employee’s inattention to where he was walking was caused by his performing his work [...]

Experienced Teen Not In Custody

By Deborah Elkins
Published: March 1, 2012
Tags: Criminal, Judge Rosemarie Annunziata, Virginia Court of Appeals

The Court of Appeals affirms defendant’s bench trial conviction and sentences to life without parole on four counts of capital murder: defendant failed to meet his burden to show that the first half of his 10-hour police station interview was custodial considering the totality of circumstances identified in Harris v. Commonwealth, 27 Va. App. 554 [...]

Jurisdictional Ruling Not Appealable

By Deborah Elkins
Published: February 24, 2012
Tags: Domestic Relations, Judge Rosemarie Annunziata, Virginia Court of Appeals

In a divorce proceeding involving support and custody of four children, the Court of Appeals dismisses without prejudice father’s appeal of a circuit court ruling it lacked jurisdiction to vacate a juvenile and domestic relations district (JDR) court order granting mother permission to move with the children to another state; the circuit court’s jurisdictional ruling [...]

Beer-Can DNA Connection to Stolen Vehicle

By Deborah Elkins
Published: July 21, 2011
Tags: Criminal, Judge Rosemarie Annunziata, Virginia Court of Appeals

Defendant is not entitled to reversal of his grand larceny conviction for insufficient evidence connecting him to the all-terrain vehicle (ATV) recovered by police, the Court of Appeals says; defendant’s nine prior felony convictions and the record evidence including witness testimony, photographs and DNA on a beer can, proved guilt beyond a reasonable doubt.
Defendant, previously [...]

Editorial: A trap hidden in plain sight

By Virginia Lawyers Weekly
Published: May 23, 2011
Tags: General Assembly, Judge Rosemarie Annunziata, Judgeships, Supreme Court of Virginia

Unhappy with a January decision by the Supreme Court of Virginia, four leaders of the House Courts of Justice Committee have set a clever trap for any judge wanting to keep his or her seat.
And they’ve hidden it in plain sight.
In Hernandez v. Commonwealth, the high court said judges have the authority to defer judgment [...]

Officer Testimony Proved Vehicle Operation

By Deborah Elkins
Published: April 11, 2011
Tags: Criminal, Judge Rosemarie Annunziata, Virginia Court of Appeals

The Court of Appeals with one dissent affirmed defendant’s conviction for driving under the influence when the arresting officer testified that the radio stopped playing when the keys were removed.
A parking enforcement officer observed defendant’s car parked illegally at a bus stop about 3:00 a.m. and when he went to write a parking ticket, [...]

Criminal – Appellant’s Death – Abatement Ab Initio

By Deborah Elkins
Published: September 16, 2010
Tags: Criminal, Judge Rosemarie Annunziata, Virginia Court of Appeals

In this first-impression decision, the Court of Appeals says a trial court did not abuse its discretion in identifying factors to consider, and in ultimately finding, good cause to deny a motion for abatement ab initio of the incest conviction of a man who died during the direct appeal of his conviction of incest involving [...]

Criminal – Officer’s ID Request – Refusal

By Deborah Elkins
Published: August 19, 2010
Tags: Criminal, Judge Rosemarie Annunziata, Virginia Court of Appeals

The Court of Appeals reverses a woman’s conviction for refusal to provide identifying information to a law enforcement officer in violation of Stafford County Code § 17-7, as the circumstances at the time an officer placed handcuffs on defendant after a minor traffic accident and requested her identifying information do not support the conclusion that [...]

Criminal – Felony Failure To Appear – Mistaken Date Claim

By Deborah Elkins
Published: August 19, 2010
Tags: Criminal, Judge Rosemarie Annunziata, Virginia Court of Appeals

Although a defendant showed up a day late for his scheduled court appearance, he acknowledged that he had spoken to his attorney before the hearing and understood he was to be in court on the day of the hearing, and the Court of Appeals upholds his conviction for felony failure to appear.
The fact finder was [...]

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