Statements to Social Worker Suppressed

Prenuptial Bars ED Award & Expense Repayment

By Deborah Elkins
Published: May 9, 2013
Tags: Domestic Relations, Judge William G. Petty, Virginia Court of Appeals

In husband’s appeal of a final divorce decree granting wife equitable distribution of $135,000 and denying him reimbursement of household expenses, the Court of Appeals says the parties’ prenuptial agreement requires reversing the ED order and affirming denial of reimbursement; although poorly written, the agreement clearly evidences intent to bar wife from recovering her cash [...]

Nurse Aide Denied Certification

By Deborah Elkins
Published: May 9, 2013
Tags: Administrative, Judge William G. Petty, Virginia Court of Appeals

On nurse aide’s appeal from the circuit court decision upholding the Virginia Board of Nursing, the Court of Appeals affirms denial of reinstatement of her Virginia certification nearly 11 years after she allowed it to expire following multiple findings of neglect and misappropriation of patient property; nurse did not appeal those findings and cannot circumvent [...]

Both Spouses Lose Appeals

By Deborah Elkins
Published: April 25, 2013
Tags: Domestic Relations, Judge William G. Petty, Virginia Court of Appeals

In divorce litigation pending over six years, wife shows no abuse of discretion in the trial court denying her a continuance or its determinations to order real property sold and award spousal support to husband; the Court of Appeals says husband’s objection that the trial court failed to consider tax consequence is refuted by the [...]

Circumstantial Evidence Proves Counterfeiting

By Deborah Elkins
Published: April 22, 2013
Tags: Criminal, Judge William G. Petty, Virginia Court of Appeals

The Court of Appeals affirms defendant’s conviction for possessing 20 counterfeit bills with intent to use them to pay gambling trip expenses; the evidence as a whole shows knowledge and intent—the bills were obviously fraudulent; their quantity, segregation, defendant’s lack of employment and travel destination all support intent to pass the counterfeit money as true. [...]

Restitution Amount Remanded

By Deborah Elkins
Published: April 22, 2013
Tags: Criminal, Judge William G. Petty, Virginia Court of Appeals

Defendant convicted of embezzling trust fund payroll taxes cannot be required to repay both the embezzled funds and the unpaid tax liability, the Court of Appeals says; the trial court’s $1.4 million restitution order must be reversed and remanded to determine how the victim impact statement was calculated and how the embezzlement caused the losses. [...]

Suspension Revocable During Statutory Maximum

By Deborah Elkins
Published: April 5, 2013
Tags: Criminal, Judge William G. Petty, Virginia Court of Appeals

Defendant could have two years of his suspended sentence revoked after his original five-year sentence should have expired, the Court of Appeals says; under Va. Code § 19.2-306(A), if no suspension period is specified, the trial court has authority to revoke suspension throughout the entire period of the statutory maximum sentence, here 10 years for [...]

No Felony-Murder Conviction After Drug Death

By Deborah Elkins
Published: April 1, 2013
Tags: Criminal, Judge William G. Petty, Virginia Court of Appeals

A defendant who sold ecstasy to a woman in a store parking lot cannot be convicted of felony-murder for her death several hours later, at a friend’s apartment, from ecstasy intoxication; the Court of Appeals reverses defendant’s felony-murder conviction because the felonious criminal enterprise, the ecstasy distribution, had clearly ended prior to the killing. Defendant [...]

Appeals court allows do-over for procedural defaults

By Deborah Elkins
Published: March 27, 2013
Tags: Civil Procedure, Judge Glen A. Huff, Judge Robert J. Humphreys, Judge Robert P. Frank, Judge Stephen R. McCullough, Judge William G. Petty, Virginia Court of Appeals

Some procedural errors that may have meant dismissed appeals will no longer be fatal, a divided Virginia Court of Appeals said today in a trio of en banc cases. Specifically, in two cases, the court allowed amendments to retool assignments of error and to specify page references to show an appellate claim had been preserved. [...]

Veteran’s Murder Convictions Sustained

By Deborah Elkins
Published: February 4, 2013
Tags: Criminal, Judge William G. Petty, Virginia Court of Appeals

The Court of Appeals affirms a retired Army officer’s jury trial convictions for murdering his wife and daughter with a barbell, rejecting his defense of killing them to spare them the embarrassment of his suicide; defendant’s appellate arguments over jury instructions and evidence are unavailing. Defendant, a graduate of West Point who retired from the [...]