No Insanity Plea in Juvenile Court

No Income Means No Award for Widow

By Deborah Elkins
Published: June 20, 2012
Tags: Judge Walter S. Felton Jr., Virginia Court of Appeals, Workers' Comp

A sole proprietor of a prefabricated home business did not take income in the two years prior to his death in a work-related auto accident, and his widow cannot collect a workers’ comp award based on a presumed 40-hour work week at the federal minimum wage; the Court of Appeals reverses the commission’s award. Claimant, [...]

Work Injury Caused Performance Issues

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

The Court of Appeals affirms the commission’s decision that store manager was terminated without cause and did not forfeit temporary permanent total disability benefits; employee’s failure to meet employer’s standards is not voluntary, but rather, attributable to her work related injury. Employee worked as a manager at employer’s store for nine years, receiving promotions, positive [...]

Conviction After Missed Drug Tests

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

The Court of Appeals affirms defendant’s conviction for felony methamphetamine possession after finding defendant failed to comply with his plea agreement in not submitting to two drug tests. In 2009, defendant was arrested for felony possession of methamphetamine and misdemeanor possession of marijuana with intent to distribute. The charges proceeded separately and defendant appealed his [...]

Court Record-Sealing Case Transferred

By Deborah Elkins
Published: May 25, 2012
Tags: Constitutional, Judge Walter S. Felton Jr., Virginia Court of Appeals

In a newspaper’s appeal of a circuit court decision to remove original photographs and an autopsy report from the public record in a murder and felony child-neglect case, and to seal photocopies of certain exhibits retained in the court file, the Court of Appeals says it does not have jurisdiction to hear the appeal and [...]

Dwelling Occupied for Arson

By Deborah Elkins
Published: May 18, 2012
Tags: Criminal, Judge Walter S. Felton Jr., Virginia Court of Appeals

The Court of Appeals affirms defendant’s jury trial conviction of arson of an occupied building under Va. Code § 18.2-77; our cases hold a dwelling is occupied when residents are temporarily absent and the evidence proves defendant and others regularly inhabited the dwelling he burned after his employment was terminated. Defendant worked as a banquet [...]

Robber’s Girlfriend Guilty as Principal

By Deborah Elkins
Published: May 18, 2012
Tags: Criminal, Judge Walter S. Felton Jr., Virginia Court of Appeals

The Court of Appeals affirms defendant’s bench trial convictions as principal in the second degree on felony firearm charges, abduction, and robbery of a business; the combination of circumstantial evidence proves defendant aided her boyfriend’s armed robbery of a clothing store and its customers, she knew and shared his intent to use a firearm to [...]

Swallowing Allows Search for Drugs

By Deborah Elkins
Published: May 15, 2012
Tags: Criminal, Judge Walter S. Felton Jr., Virginia Court of Appeals

Defendant is not entitled to reversal of his conviction for possessing cocaine with intent to distribute based on denial of his motion to suppress nearly four grams of cocaine spit from his mouth, the Court of Appeals says; the totality of the circumstances and the police officer’s knowledge and experience gave probable cause to detain [...]

Teacher’s Fall Not Compensable

By Deborah Elkins
Published: May 8, 2012
Tags: Judge Walter S. Felton Jr., Virginia Court of Appeals, Workers’ Comp

The Court of Appeals affirms the commission majority decision denying benefits to a teacher who fell in a school hallway; employee gave conflicting accounts about how she fell, supporting the commission finding employee failed to meet her burden to prove her injury arose out of her employment. Employee is a special education teacher. One morning [...]

Arrest OK on Dispatcher’s Wrong Info

By Deborah Elkins
Published: May 8, 2012
Tags: Judge Walter S. Felton Jr., Search & Seizure, Virginia Court of Appeals

An officer on a domestic call who took defendant into custody on a dispatcher’s report of an outstanding arrest warrant did not violate defendant’s Fourth Amendment rights in a search incident to arrest when he discovered marijuana and a bullet, even though the officer later learned the warrant already had been served on defendant; the [...]