Case Remanded for Pro Se Denial

Teacher Knee Injury Not Compensable

By Deborah Elkins
Published: December 6, 2012
Tags: Judge Walter S. Felton Jr., Virginia Court of Appeals, Workers' Comp

A majority of the Court of Appeals affirms the commission’s denial of benefits to a teacher who injured her right knee rushing to the classroom of an autistic student who could not be left alone, as teacher failed to prove rushing is an actual risk of her employment; the dissent finds sufficient evidence of work [...]

Board’s Denial of Contract Claim OK’d

By Deborah Elkins
Published: November 29, 2012
Tags: Administrative, Judge Walter S. Felton Jr., Virginia Court of Appeals

A homeowner is not entitled to compensation from the Board for Contractors based on deficient work by the contractor hired to renovate her home; the Court of Appeals says the circuit court erred in considering evidence on appeal that was not in the administrative record and in reversing the board’s denial of compensation under the [...]

Post-Hernandez Deferral OK, Not Dismissal

By Deborah Elkins
Published: October 25, 2012
Tags: Criminal, Hernandez, Judge Walter S. Felton Jr., Virginia Court of Appeals

A trial court did not err in finding it had authority to defer, but not dismiss, drug charges against defendant after he pleaded guilty to possession with intent to distribute ecstasy and heroin, and the Court of Appeals rejects defendant’s claim that the trial court erred by not withholding a finding of guilt and deferring [...]

Husband’s Second Appeal Fails

By Deborah Elkins
Published: October 22, 2012
Tags: Domestic Relations, Judge Walter S. Felton Jr., Virginia Court of Appeals

In husband’s second appeal from the denial of his request for a divorce on the grounds of desertion or a one-year separation, the Court of Appeals affirms for an insufficient record on appeal, including husband’s statement of facts he failed to have signed by the trial court. Husband and wife married in India. After one [...]

Concurrent Sentences for Child Porn Upheld

By Deborah Elkins
Published: October 22, 2012
Tags: Criminal, Judge Walter S. Felton Jr., Virginia Court of Appeals

A defendant convicted on multiple charges arising from sexual abuse of a 13-year-old girl and production of child pornography by taking six photos of her can be ordered to concurrently serve his six-year sentences for each of the six convictions of production of child pornography, first offense, the Court of Appeals holds. The commonwealth contends [...]

Condo Retrofitting with Firestops Not Required

By Deborah Elkins
Published: August 9, 2012
Tags: Administrative, Judge Walter S. Felton Jr., Virginia Court of Appeals

In this second appeal challenging the State Building Code Technical Review Board’s determination not to require retrofitting a 35-year old condominium with firestops, the Court of Appeals affirms the Review Board’s interpretation of the Statewide Fire Prevention Code (SFPC) and Virginia Public Safety Building Safety Regulations (VPBSR) not to require retrofitting. Appellant Richard Clayton lives [...]

Dad’s Video Showed Visitation Exchanges

By Deborah Elkins
Published: August 9, 2012
Tags: Criminal, Judge Walter S. Felton Jr., Virginia Court of Appeals

In proceedings mother instigated to revoke father’s suspended sentence for assault and battery, a majority of the Court Appeals affirms mother’s 10-day jail sentence for summary contempt under Va. Code § 18.2-456(1); father’s recorded and testimonial evidence contradicted mother’s claims to the trial court and commonwealth’s attorney; her post-trial motion is insufficient under Brandon v. [...]

Uncharged Crimes Evidence Harmless

By Deborah Elkins
Published: July 30, 2012
Tags: Criminal, Judge Walter S. Felton Jr., Virginia Court of Appeals

Defendant is not entitled to reversal of his jury trial conviction for third or subsequent offense larceny by challenging the admissibility of uncharged crimes evidence; the Court of Appeals says police found stolen car parts in defendant’s home office and sold on his eBay account, and the overwhelming evidence of defendant’s guilt means any error [...]

No Support Reduction for Lost Contracts

By Deborah Elkins
Published: July 5, 2012
Tags: Domestic Relations, Judge Walter S. Felton Jr., Virginia Court of Appeals

Although husband says his substance abuse counseling business has lost several lucrative contracts since the parties’ divorce, he has not demonstrated a reduction in income that would justify a reduction in his monthly $1,500 spousal support obligation, the Court of Appeals says. The trial court found husband’s decreased income did not constitute a material change [...]