Lying and Furtive Movements Allow Seizure

Job-Test Injury Not Compensable

By Deborah Elkins
Published: May 25, 2012
Tags: Judge William G. Petty, Virginia Court of Appeals, Workers’ Comp

The Court of Appeals affirms denial of benefits to an employee injured performing an agility test required for transfer to another position; although an employee’s self-improvement activity may be covered, employee here presented no evidence where or when he took the test so as to establish a work-related time or place. Employee works as a [...]

Jailhouse Wallet Search Upheld

By Deborah Elkins
Published: May 18, 2012
Tags: Judge William G. Petty, Search & Seizure, Virginia Court of Appeals

Police who responded to a domestic violence call and arrested defendant after they found his live-in girlfriend with a cut above her eye did not violate defendant’s Fourth Amendment rights when they found marijuana and heroin in his wallet when he was processed at the jail, and the Court of Appeals upholds denial of defendant’s [...]

Order Final without Attorneys’ Fees

By Deborah Elkins
Published: May 1, 2012
Tags: Domestic Relations, Judge William G. Petty, Virginia Court of Appeals

The Court of Appeals grants mother’s motion to dismiss father’s appeal of an order upholding a $62,096 child support arrearage; the circuit court order upholding the jurisdiction of the juvenile and domestic relations district (JDR) court was final even though the circuit court sent a separate letter directing the parties to brief attorneys’ fees and [...]

Juror was Kin to Prosecution Witnesses

By Deborah Elkins
Published: April 2, 2012
Tags: Criminal, Judge William G. Petty, Virginia Court of Appeals

Although a murder defendant challenged a juror for bias because the juror was related to two witnesses for the commonwealth, the Court of Appeals says the juror’s responses to questions from both the prosecution and defense support the trial court’s conclusion the witness could be fair and impartial in the case, and defendant’s convictions are [...]

Claim About Pills Not Credible

By Deborah Elkins
Published: March 28, 2012
Tags: Criminal, Judge William G. Petty, Virginia Court of Appeals

A defendant cannot escape conviction for possession of a controlled substance by claiming he was not aware of the character of the eight prescription pills for Concerta he said someone gave him when he asked for Tylenol or aspirin for back pain; the Court of Appeals affirms defendant’s conviction under Va. Code § 18.2-250. Based [...]

Employer Has ‘Prevailing Rate’ Burden

By Deborah Elkins
Published: March 9, 2012
Tags: Judge William G. Petty, Virginia Court of Appeals, Workers' Comp

Despite evidence that a physician who provided treatment to claimant under a workers’ comp award reduced charges for services to Medicare patients and under a Longshore Fee Schedule, the Court of Appeals says employer did not meet its burden to show the larger fee charged by the provider exceeded the “prevailing rate” in the community [...]

Benefits Increased for Disability Rating

By Deborah Elkins
Published: February 15, 2012
Tags: Judge William G. Petty, Virginia Court of Appeals, Workers’ Comp

The Court of Appeals affirms the commission’s entry of a supplemental award in favor of claimant for permanent partial disability benefits, on account of an additional 10 percent loss of the use of claimant’s right hand. Employee suffered a work related injury to his right wrist. In November 2009, his treating physician reported a 10 [...]

Appeal Dismissed Without Transcript

By Deborah Elkins
Published: February 7, 2012
Tags: Domestic Relations, Judge William G. Petty, Virginia Court of Appeals

A wife’s claim she should have been awarded damages and attorney’s fees for husband’s alleged breach of their property settlement agreement is dismissed by the Court of Appeals because wife failed to provide the court with transcripts or an agreed statement of facts detailing the incidents of trial. We cannot determine what evidence the trial [...]

Fine Nonpayment Lands Defendant in Jail

By Deborah Elkins
Published: February 7, 2012
Tags: Criminal, Judge William G. Petty, Virginia Court of Appeals

The Court of Appeals affirms defendant’s 10-day jail sentence for failing to pay fines totaling $260 plus court costs imposed for two county ordinance violations; defendant failed to make an adequate record for appellate review of his contention that the fines imposed were for infractions rather than crimes so as to authorize punishment for contempt [...]