Parents who lost son denied visits with grandchild 
By Deborah Elkins
Published: May 10, 2013
Tags: Domestic Relations, Judge Craig D. Johnston, Judge Randolph A. Beales, Prince William County Circuit Court, Virginia Court of Appeals News
A mother could cut off contact between her two-year-old son and his paternal grandparents, whose own son had joint custody of the child, but who died in an auto accident when the grandson was barely two years old. In a case it called “very sad and unfortunate,” the Court of Appeals upheld denial of the [...]
Drug sale facts did not support felony murder conviction
By The Associated Press
Published: March 27, 2013
Tags: Judge Joseph W. Milam Jr., Virginia Court of Appeals News
(AP) — The Virginia Court of Appeals has reversed the felony murder conviction of a Danville man who sold the drug that led to a fatal overdose. Timothy Woodard sold 10 to 15 ecstasy pills that caused Kayla Beame’s death in November 2010. Virginia law allows a felony murder conviction when a person unintentionally kills another [...]
Husband’s use of joint accounts upheld
By Deborah Elkins
Published: February 25, 2013
Tags: Domestic Relations, Judge Melvin R. Hughes Jr., Judge Randolph A. Beales, Richmond Circuit Court, Virginia Court of Appeals News
A high-earning husband did not have to reimburse marital accounts used to pay temporary spousal support and his legal expenses after the parties separated, according to a new decision by the Court of Appeals of Virginia. The husband’s payments – including spousal support, taxes and tuition – were not a “waste” of marital assets, so [...]
Doctors’ Comp: Physicians who treat hurt workers resist low network fees
By Peter Vieth
Published: February 25, 2013
Tags: General Assembly, Virginia Court of Appeals News, Workers' Comp
There is constant tension between doctors and workers’ compensation carriers over how much to pay medical providers to treat injured workers. The stakes are high because payment for care runs into the multi-millions of dollars for employers. The score was split this month, with a win each for providers and carriers handed down in recent [...]
Judges could not use foreign law in divorce
By Peter Vieth
Published: January 7, 2013
Tags: Domestic Relations, Fairfax County Circuit Court, General Assembly, Virginia Court of Appeals News
With foreign-born persons now representing more than 11 percent of Virginia’s population, and more than 20 percent in three Northern Virginia counties, courts are being called upon more often to interpret foreign law, especially in divorce cases. One bill introduced for the coming General Assembly session aims to ensure that the use of foreign law [...]
High court grants its first contested innocence writ
By Peter Vieth
Published: November 9, 2012
Tags: Criminal, DUI, Supreme Court of Virginia News, Traffic Offenses, Virginia Court of Appeals News
The Supreme Court of Virginia for the first time has granted a writ of actual innocence over the objection of the commonwealth. When the Court of Appeals of Virginia split five-five on a rehearing of a panel decision, that panel decision should have stood as the court’s judgment, the high court decided Nov. 1. The [...]
Wife has ‘dramatic’ investment growth, but keeps support
By Deborah Elkins
Published: October 16, 2012
Tags: Domestic Relations, Judge Robert J. Humphreys, Virginia Court of Appeals News
A husband lost his appeal saying a divorce court should have further reduced his spousal support payments, in an opinion released by the Court of Appeals of Virginia on Oct. 16. Husband Murray Wright argued that his ex-wife Nancy Wright no longer needed spousal support, given her assets and potential sources of income. He said [...]
Ex-teacher loses appeal in Va. ‘sexting’ case
By The Associated Press
Published: October 10, 2012
Tags: Virginia Court of Appeals News
RICHMOND, Va. (AP) — The Virginia Court of Appeals has affirmed the convictions of a former eighth-grade science teacher who sent sexually explicit images and messages to a teenage boy. Connie Beth Klewer of Lebanon was convicted of electronic solicitation of a minor, possession of child pornography and using an electronic system to expose her [...]
Foreign divorce, domestic fight
By Peter Vieth
Published: September 3, 2012
Tags: Domestic Relations, General Assembly, Judge Robert J. Smith, Virginia Court of Appeals News
When Tahira Naseer’s husband in Pakistan wanted to end their marriage, he declared three times that he divorced her, in accordance with Islamic law. After Naseer remarried and moved to Virginia with her new husband, a Virginia court had to decide if the divorce under Islamic law would protect Naseer from a later charge of [...]
Get your motions running…
By Peter Vieth
Published: August 23, 2012
Tags: Judge H. Vincent Conway, Justice Donald W. Lemons, Virginia Court of Appeals News
Fifteen motorcyclists rode out of the southeast into downtown Richmond. Their goal? To fight convictions under Virginia’s motorcycle helmet law. Represented by a lawyer from “a motorcycle law group,” an even dozen of the bikers came away from the Court of Appeals with a win. The ruling from a three-judge panel in Bennett v. Commonwealth [...]
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