Insufficient Record Defeats Father’s Appeal

‘Similar Offense’ Objection Dropped

By Deborah Elkins
Published: March 28, 2012
Tags: Criminal, Judge Walter S. Felton Jr., Virginia Court of Appeals

The Court of Appeals affirms defendant’s bench trial conviction under Va. Code § 18.2-248(C) for second offense possession of heroin with intent to distribute: although defendant initially objected to evidence of his prior conviction under § 18.2-255.2 for possession of heroin on school property with intent to distribute, he failed to renew that objection in [...]

Torn Knee Cartilage Not Work-Related

By Deborah Elkins
Published: January 17, 2012
Tags: Judge Walter S. Felton Jr., Virginia Court of Appeals, Workers’ Comp

The Court of Appeals reverses and remands an award of medical benefits to a nurse who sustained a knee injury; employee’s treating physician opined employee’s torn cartilage was unrelated to her earlier work injury and her surgeon’s opinion was too speculative. Employee, a nurse aged 51, injured both knees and her back when she slipped [...]

Parentage Petition Not Barred by Statutes

By Deborah Elkins
Published: January 4, 2012
Tags: Domestic Relations, Judge Walter S. Felton Jr., Virginia Court of Appeals

A father who acknowledged paternity of the child born to his girlfriend through assisted conception, with their sworn and written “Acknowledgement of Paternity,” a pre-birth custody and visitation agreement, his name on the child’s birth certificate and his care and relationship with the child, is not barred from petitioning for a determination of parentage by [...]

‘Sperm donor’ can seek parental rights

By Deborah Elkins
Published: December 29, 2011
Tags: Domestic Relations, Judge Walter S. Felton Jr., Virginia Court of Appeals News

A mother whose child was fathered by her live-in boyfriend through assisted conception cannot prevent the boyfriend from asking a court to recognize him as the father, the Virginia Court of Appeals ruled last week. Under the Virginia statutory scheme that governs parentage through sperm or egg donation, a donor is not the parent of [...]

Double Jeopardy No Bar to Explosives Charges

By Deborah Elkins
Published: December 16, 2011
Tags: Criminal, Judge Walter S. Felton Jr., Virginia Court of Appeals

Defendant’s guilty plea to two misdemeanor city ordinance violations does not bar later bench trial convictions for felony possession of explosives and component materials under Va. Code § 18.2-85, the Court of Appeals says; the evidence was sufficient to prove defendant guilty of the felony explosives offenses and neither Va. Code § 19.2-294 nor double [...]

Sham Bill of Sale Proved Intent to Defraud

By Deborah Elkins
Published: December 13, 2011
Tags: Criminal, Judge Walter S. Felton Jr., Virginia Court of Appeals

The Court of Appeals affirms defendant’s bench trial conviction for obtaining money by false pretenses in violation of Va. Code § 18.2-178; the record evidence proved defendant intentionally defrauded victim of $2,500 by purporting to sell her a trailer and presenting her a sham bill of sale. In February 2010, the owner of a trailer [...]

Recreational Users Lack Standing

By Deborah Elkins
Published: December 13, 2011
Tags: Environmental, Judge Walter S. Felton Jr., Virginia Court of Appeals

The Court of Appeals says recreational users of the Chesapeake Bay lack standing to appeal the Virginia Marine Resources Commission (VMRC) permitting decision allowing two individuals to locate pound nets in the Chesapeake Bay and affirms the circuit court’s dismissal of their petitions. Two individuals applied for permits to locate pound nets in the Chesapeake [...]

Totality of Evidence Proved DUI

By Deborah Elkins
Published: December 1, 2011
Tags: Criminal, Judge Walter S. Felton Jr., Virginia Court of Appeals

Defendant is not entitled to reversal of his bench trial conviction for driving under the influence by asserting the trial court improperly relied on the statutory presumption in Va. Code § 18.2-269, the Court of Appeals says; the trial court properly relied on the totality of evidence, including defendant’s admitted consumption of four 22-ounce beers [...]

Nonpayment on Rental TV Not Fraud

By Deborah Elkins
Published: October 20, 2011
Tags: Criminal, Judge Walter S. Felton Jr., Virginia Court of Appeals

The Court of Appeals reverses defendant’s bench trial conviction for fraudulent conversion of a leased plasma television set and dismisses the indictment; without the written statutory notice to return under Va. Code § 18.2-118(b), the commonwealth’s evidence was insufficient to prove intent to defraud based on defendant’s failure to make the agreed monthly rental payments. [...]