Tainted Statements Harmless

Soft-Tissue ‘Injury’ Supports Felony Hit & Run

By Deborah Elkins
Published: May 9, 2013
Tags: Judge Rossie D. Alston Jr., Traffic Offenses, Virginia Court of Appeals

Although defendant contends there was insufficient evidence that anyone was injured when she rear-ended another car and then ran away into the woods as emergency vehicles approached, the Court of Appeals holds that a soft-tissue injury such as muscle pain constitutes an “injury” under the felony hit-and-run statute, and affirms defendant’s conviction under Va. Code [...]

Husband Wins Reversal on Car & Support

By Deborah Elkins
Published: May 3, 2013
Tags: Domestic Relations, Judge Rossie D. Alston Jr., Virginia Court of Appeals

On husband’s appeal of a final divorce decree, the Court of Appeals reverses and remands two trial court rulings on a car husband purchased after separation and on child support; although husband’s remaining arguments lack merit, his appeal is not frivolous and appellate attorney’s fees are denied. Husband and wife separated in 2007, after 13 [...]

Failing to Stop Requires No Accident

By Deborah Elkins
Published: March 20, 2013
Tags: Criminal, Judge Rossie D. Alston Jr., Virginia Court of Appeals

Defendant convicted of second degree murder is not entitled to reversal of his jury trial conviction for failing to stop after an accident, the Court of Appeals says; Va. Code § 46.2-894 primarily benefits injured victims and does not require proving accidental or unintentional actions. One night in December, defendant took victim to buy drugs [...]

Sentencing Procedure Upheld for Sex Offender

By Deborah Elkins
Published: March 20, 2013
Tags: Criminal, Judge Rossie D. Alston Jr., Virginia Court of Appeals

There was no reversible error in a trial court’s procedures when sentencing defendant on his guilty pleas to sexually abusing multiple young boys when defendant acted as a baseball coach and hosted a foreign exchange student; the Court of Appeals rejects defendant’s interpretation of Va. Code § 9.1-902(H) On appeal, defendant argues the trial court [...]

Merchandise Hook Caused Compensable Injuries

By Deborah Elkins
Published: March 12, 2013
Tags: Judge Rossie D. Alston Jr., Virginia Court of Appeals, Workers' Comp

The Court of Appeals affirms the Virginia Workers’ Compensation Commission award of benefits to a 65-year old cashier who injured her left knee, arm and shoulder complying with a request to take a break; the commission correctly found employee’s fall when her purse strap caught on a merchandise hook arose out of and in the [...]

Timely ‘Blue Letter’ Bars Claim

By Deborah Elkins
Published: February 27, 2013
Tags: Judge Rossie D. Alston Jr., Virginia Court of Appeals, Workers' Comp

The Court of Appeals affirms the commission denial of benefits to a nurse who received a “blue letter” notifying her of the deadline to file a claim within 17 days; this notice was timely even if close to the expiration of the two-year statute of limitations; nurse’s claim filed after deadline is barred. Employee works [...]

Improper Driving Conviction Reversed

By Deborah Elkins
Published: February 25, 2013
Tags: Criminal, Judge Rossie D. Alston Jr., Virginia Court of Appeals

On rehearing of dismissal for insufficient assignment of error, the Court of Appeals reverses and dismisses defendant’s conviction for improper driving under Va. Code § 46.2-869: the record evidence is insufficient to show defendant did anything improper responding to the sudden emergency presented by a patch of water in the road that caused his car [...]

Community Caretaker Search Allowed

By Deborah Elkins
Published: January 29, 2013
Tags: Criminal, Judge Rossie D. Alston Jr., Virginia Court of Appeals

On the commonwealth’s appeal, the Court of Appeals reverses the trial court order suppressing cocaine police found preparing to tow defendant’s truck after his arrest for trespassing; the record evidence supports police were following standard procedures and not making a pretextual search. One morning in April, two police officers responded to a report of a [...]

Physician’s Agreement Not Unconscionable

By Deborah Elkins
Published: January 17, 2013
Tags: Domestic Relations, Judge Rossie D. Alston Jr., Virginia Court of Appeals

The Court of Appeals reverses the circuit’s refusal to enforce a separation agreement requiring physician to pay monthly spousal support wife of 65 percent of his income or at least $10,000; as a matter of law, the agreement is not unconscionable nor do the surrounding circumstances show undue influence . Husband and wife separated after [...]