Judge Rossie D. Alston Jr. | Virginia Lawyers Weekly

Drug Guilty Plea Binding

By Deborah Elkins
Published: May 18, 2012
Tags: Criminal, Judge Rossie D. Alston Jr., Virginia Court of Appeals

Defendant is not entitled to withdraw his guilty plea after sentencing for cocaine possession based on possible exculpatory evidence, the Court of Appeals says; the trial court made the inquiry required under Boykin v. Alabama, 395 U.S. 238 (1969), and defendant fails to meet the two-part test for withdrawing a guilty plea: a good faith [...]

Toddler’s Escape Not Felony Neglect

By Deborah Elkins
Published: May 18, 2012
Tags: Criminal, Judge Rossie D. Alston Jr., Virginia Court of Appeals

Mother is entitled to reversal of her bench trial conviction for felony child neglect for insufficient evidence, the Court of Appeals says; no evidence proves mother guilty of wanton or willful actions or reckless or indifferent disregard for her child’s welfare.
Mother lives in a trailer with her twin three-year old sons and boyfriend. One Friday [...]

Undated Physician Report Extends Benefits

By Deborah Elkins
Published: May 18, 2012
Tags: Judge Rossie D. Alston Jr., Virginia Court of Appeals, Workers’ Comp

The Court of Appeals reverses a commission decision denying temporary total disability benefits after the date employee was seen by a physician who indicated employee would be evaluated for return to light duty work at his next visit; a remand is required to determine the period for continuing benefits.
In April 2010, employee was injured in [...]

Continuing Disability Proved

By Deborah Elkins
Published: May 18, 2012
Tags: Judge Rossie D. Alston Jr., Virginia Court of Appeals, Workers’ Comp

The Court of Appeals affirms the commission’s award of temporary total disability benefits to employee for a 10-week period three and one-half months after he fell exiting a work bathroom.
In April 2010, employee fell exiting a work bathroom when his cane slipped on wet paper towels. He filed a claim for benefits in May. Employee [...]

Gym Membership, Mileage Are Covered

By Deborah Elkins
Published: May 8, 2012
Tags: Judge Rossie D. Alston Jr., Virginia Court of Appeals, Workers’ Comp

The Court of Appeals affirms the commission decision requiring employer to pay for employee’s YMCA membership and mileage for independent pool therapy prescribed by employee’s physician to treat his work related injury.
In early 2006, employee injured his right hip, groin, femur and knee in a work-related accident. His orthopedic surgeon prescribed supervised pool therapy for [...]

Separate Injury Requires New ‘Blue Letter’

By Deborah Elkins
Published: May 8, 2012
Tags: Judge Rossie D. Alston Jr., Virginia Court of Appeals, Workers' Comp

A cabinetmaker’s employee who suffered a January 2007 wrist injury and a May 2007 thumb injury is not time-barred from claiming workers’ comp benefits for the thumb injury; in a case of first impression, the Court of Appeals says the “blue letter” claimant received on the wrist injury did not trigger a per se lack [...]

No Causation Burden for Employer

By Deborah Elkins
Published: May 1, 2012
Tags: Judge Rossie D. Alston Jr., Virginia Court of Appeals, Workers’ Comp

In an employer’s appeal alleging claimant unjustifiably refused selective employment, the Court of Appeals says the commission erred in finding that employer had the burden of raising causation in its hearing application, and in deciding the issue of causation was not properly before it.
Claimant was injured at her job with Wal-Mart when she became tangled [...]

PSA Support Change Not ‘Self-Executing’

By Deborah Elkins
Published: March 28, 2012
Tags: Domestic Relations, Judge Rossie D. Alston Jr., Virginia Court of Appeals

Although a father claims the parties’ PSA allowed him to reduce child support after he left his overseas assignment with a private defense contractor in Iraq, the Court of Appeals upholds a trial court judgment that PSA’s support modification provision was not self-executing and father owes $39,000 in arrearages.
The Property Settlement Agreement was affirmed, ratified [...]

Open Heart Surgery Service Unnecessary

By Deborah Elkins
Published: March 1, 2012
Tags: Administrative, Judge Rossie D. Alston Jr., Virginia Court of Appeals

A decision by the Virginia State Health Commissioner to deny the application of a Petersburg hospital for a Certificate of Public Need to establish an open heart surgery service is upheld by the Court of Appeals; the record supports the commissioner’s determination that the proposed service is not necessary to meet a public need.
In July [...]

Scrapping Truck Was Embezzlement

By Deborah Elkins
Published: March 1, 2012
Tags: Criminal, Judge Rossie D. Alston Jr., Virginia Court of Appeals

The Court of Appeals affirms defendant’s jury trial conviction and 20-year sentence for grand larceny by embezzlement of a truck he scrapped for $175 after failing to pay a car dealer $1,120 as agreed; defendant waived his objections to informing the jury of his incarceration before trial and his objection to the revocation of the [...]

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