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Tag Archives: Virginia Court of Appeals

Modification of Spousal Support – Burden of Proof (access required)

Hubbard v. Hubbard (VLW No. 017-7-248, 6 pp.) (Humphreys, J.) Record No. 0197-17-2. Appealed from the Circuit Court of Chesterfield County (Johnson, J.) Holding: Where the circuit court ruled that the appellant-husband failed to produce any direct evidence of his ...

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Admissibility of Evidence – Department of Motor Vehicles Transcript (access required)

Parker v. Commonwealth (VLW No. 017-7-236-UP, 10pp.) (Huff, C.J.) Record No. 0303-16-1. On appeal from the Circuit Court of the City of Chesapeake (Smith, J.) Holding: Where the appellant-defendant’s Department of Motor Vehicles transcript was provided to a trooper, and ...

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Suppression of Statements – Criminal Negligence – Sufficiency of Evidence (access required)

Novotny v. Commonwealth (VLW No. 017-7-239-UP, 8pp.) (O’Brien, J.) Record No. 1489-16-3. On appeal from the Circuit County of Montgomery County. (Long, J.) Holding: Where the appellant-defendant stated at the scene of a fatal car accident that he had taken ...

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Sufficient Evidence – Admissibility of Evidence – Child’s Best Interest (access required)

Gay v. Virginia Beach Dep’t of Human Services (VLW No. 017-7-241-UP, 11pp.) (Huff, C.J.) Record No. 0887-17-31 Appeal from the Circuit Court of the City of Virginia Beach (Shockley, J.) Holding: Where the appellant-mother over three years failed to find ...

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Subject Matter Jurisdiction – Supervised Probation – Waivable Defect (access required)

Silvious v. Commonwealth (VLW No. 017-7-230-UP, 8 pp.) (Decker, J.) Record No. 1518-16-3. Appeal from the Circuit Court of Rockingham County (Wilson, J.) Holding: Where the circuit court may have committed error in the way in which it extended the ...

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Error – Reduced Charge – Ends of Justice Exception to Failure to Preserve Argument (access required)

Jones, S/K/A Jake Robert Jones v. Commonwealth (VLW No. 017-7-231-UP, 9 pp.) (Alston, J.) Record No. 0837-16-3. Appeal from the Circuit Court of Roanoke County (Swanson, J.) Holding: Where the plaintiff-appellant was convicted for misdemeanor interference with the property rights ...

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Mother’s conviction in son’s drowning death reversed (access required)

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A divided panel of the Court of Ap­peals of Virginia has reversed the felony child neglect conviction of a Pulaski County mother whose 5-year-old son died in a septic tank accident. The 2-1 ruling holds that prosecutors failed to show ...

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