Judge Rossie D. Alston Jr. | Virginia Lawyers Weekly

DCSE Gets Money from Comp Settlement

By Deborah Elkins
Published: February 24, 2012
Tags: Judge Rossie D. Alston Jr., Virginia Court of Appeals, Workers’ Comp

The commission did not err in refusing to take action against employer after it paid a portion of claimant’s settlement of his workers’ comp claim directly to the Department of Child Support Enforcement, the Court of Appeal says.
Claimant owed monthly child support under an earlier divorce decree. The support orders in the divorce case required [...]

No Collateral Attack on Sentencing Order

By Sarah Rodriguez
Published: February 24, 2012
Tags: Criminal, Judge Rossie D. Alston Jr., Virginia Court of Appeals

A defendant cannot overturn revocation of his suspended sentence on the ground that the earlier period of suspension had been improperly extended at a previous sentencing for a probation violation in 1998; the Court of Appeals rejects defendant’s collateral attack on the 1998 sentencing order.
In 1998, as a condition of the newly resuspended sentence for [...]

No Coverage for Cardiac Condition

By Deborah Elkins
Published: February 17, 2012
Tags: Judge Rossie D. Alston Jr., Virginia Court of Appeals, Workers’ Comp

An employer is not liable for medical payments for a claimant’s heart bypass surgery, as his cardiac condition was coincidentally discovered as claimant was being evaluated for surgery for his work-related right-sided inguinal hernia that resulted from claimant’s attempt to lift a heavy box, and the Court of Appeals affirms the commission decision for employer.
Since [...]

Suppression Reversed for Probable Cause

By Deborah Elkins
Published: February 15, 2012
Tags: Judge Rossie D. Alston Jr., Search & Seizure, Virginia Court of Appeals

On the commonwealth’s appeal, the Court of Appeals reverses the trial court’s pretrial order suppressing defendant’s admission of theft after his arrest and remands for a new trial.
A Dollar General Store employee called 911 after he believe he observed an individual shoplifting. He described the shoplifter as a white male, age 25 to 35, his [...]

Raised Chair Injury Compensable

By Deborah Elkins
Published: January 30, 2012
Tags: Judge Rossie D. Alston Jr., Virginia Court of Appeals, Workers’ Comp

The Court of Appeals reverses and remands a majority decision of the commission denying benefits to a correctional officer injured stepping down from a raised chair; the commission applied an inapposite analysis comparing the raised chair to stairs when another case supports that the injury arose out of employment under the unique circumstances of this [...]

Residence, Car & Fund Are Separate

By Deborah Elkins
Published: January 17, 2012
Tags: Domestic Relations, Judge Rossie D. Alston Jr., Virginia Court of Appeals

The Court of Appeals reverses the trial court’s equitable distribution award as to a residence, car and investment fund; wife failed to prove significant personal efforts substantially increased the home’s value and remand is necessary for a determination of the extent of marital property contributed and the record does not support classifying the car or [...]

Parental Rights Terminated for Abuse

By Deborah Elkins
Published: January 12, 2012
Tags: Domestic Relations, Judge Rossie D. Alston Jr., Virginia Court of Appeals

The Court of Appeals upholds termination of a father’s parental rights to his three small children, based on sufficient evidence to support findings of abuse and neglect by the father.
Father is correct in his primary position that, consistent with Santosky v. Kramer, 455 U.S. 745 (1982), the department needed to prove each of its allegations [...]

Denial of Proximate Cause Instruction Harmless

By Deborah Elkins
Published: January 10, 2012
Tags: Criminal, Judge Rossie D. Alston Jr., Virginia Court of Appeals

Defendant is not entitled to reversal of his jury trial conviction and one-year prison sentence for leaving the scene of an accident in violation of Va. Code § 46.2-894, the Court of Appeals says; the evidence proved defendant was a proximate cause of a motorcyclist running off the road and the denial of defendant’s requested [...]

Brief Insufficient on Translated Confession

By Deborah Elkins
Published: November 21, 2011
Tags: Criminal, Judge Rossie D. Alston Jr., Virginia Court of Appeals

The Court of Appeals affirms defendant’s jury trial convictions for eight counts of aggravated sexual battery and one count of indecent liberties; defendant failed to comply with Rule 5A:20(e) by providing legal authorities and arguments supporting his assignments of error relating to his translated confession and challenge to the sufficiency of evidence.
Defendant, who has limited [...]

Employee Stole Credit Card When Terminated

By Deborah Elkins
Published: November 17, 2011
Tags: Criminal, Judge Rossie D. Alston Jr., Virginia Court of Appeals

Employee, a Maryland resident, is not entitled to reversal of her bench trial conviction for credit card theft and fraud for lack of venue, the Court of Appeals holds; Virginia’s special venue statute for credit card theft and fraud places venue in Alexandria, Virginia where employee stole the credit card the day she was terminated. [...]

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