Strip-Mall Parking Lot Driving Not ‘Highway’

Mother Using Drugs Loses Three Children

By Deborah Elkins
Published: June 6, 2013
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals

The Court of Appeals affirms terminating mother’s rights to her three children: mother chose not to appear at the termination hearing after receiving notice and continued using drugs while the children are thriving in a foster home with parents who want to adopt them. In addition to a daughter age 13, mother has three children [...]

Wife’s Appeal on Contempt Fails

By Deborah Elkins
Published: June 6, 2013
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals

The Court of Appeals affirms wife’s conviction for contempt for failing to notify the court and husband of her remarriage as required by the final divorce decree awarding her $4,000 monthly spousal support; wife’s arguments about contempt are procedurally defaulted and she shows no abuse of discretion in denying her a continuance. Husband and wife [...]

More Fees for Husband’s Appeal After Remand

By Deborah Elkins
Published: June 6, 2013
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals

After reversing an equitable distribution order based on the parties’ prenuptial agreement, the Court of Appeals says husband’s second appeal of the trial court order on remand seeks to relitigate issues previously decided and awards wife appellate attorney fees for both appeals. Husband and wife divorced after 17 years of marriage; the final decree ordered [...]

Forced Peremptory Strikes Were Error

By Deborah Elkins
Published: June 6, 2013
Tags: Criminal, Judge Stephen R. McCullough, Virginia Court of Appeals

The Court of Appeals reverses and remands defendant’s jury trial conviction for sexual battery: trial court erred in denying defense requests to strike two teachers for cause, requiring use of peremptory strikes; both women expressed concerns but the trial court cut off questioning that might have eliminated doubt as to their impartiality. Defendant was charged [...]

Appeal Defaulted on Intent to Distribute

By Deborah Elkins
Published: June 6, 2013
Tags: Criminal, Judge Teresa M. Chafin, Virginia Court of Appeals

The Court of Appeals affirms defendant’s conviction for possessing cocaine with intent to distribute but reverses and remands his five-year suspended sentence for possessing marijuana as excessive; defendant’s sufficiency objection on intent to distribute cocaine is waived by his failing present it below. Defendant was staying at his mother’s house with another woman when police [...]

Signing Admissible on Sex Crimes

By Deborah Elkins
Published: June 6, 2013
Tags: Criminal, Judge D. Arthur Kelsey, Virginia Court of Appeals

Defendant is not entitled to reversal of his bench trial convictions for sex crimes by attacking the competency of his nine-year-old deaf-mute victim, the Court of Appeals says; the trial court took care to establish victim’s competency and the record evidence supports his convictions; no adverse inference is due when defendant’s objection caused exclusion of [...]

Prior Depression Defense Bars New Termination Claim

By Deborah Elkins
Published: May 29, 2013
Tags: Judge Jean Harrison Clements, Virginia Court of Appeals, Workers' Comp

With an appeal pending from a deputy commissioner’s denial of its 2009 application to terminate benefits, employer filed a second protective application in 2010; the Court of Appeals says the law of the case doctrine bars the second application: employer had opportunities to argue Ilg v. United Parcel Serv., 284 Va. 294 (2012), to the [...]

Transient Father’s Rights Terminated

By Deborah Elkins
Published: May 29, 2013
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals

The Court of Appeals summarily affirms termination of father’s rights to his minor child for failure to substantially remedy the conditions requiring foster care for over two years: father moved back and forth between states incurring criminal charges involving mother, he failed to document a plan to provide for child with stable income, housing and [...]

Abuse Victim’s Complaints to Church Volunteer Admissible

By Deborah Elkins
Published: May 29, 2013
Tags: Criminal, Judge Larry G. Elder, Virginia Court of Appeals

Defendant is not entitled to reversal of his jury trial convictions for taking indecent liberties with a minor and aggravated sexual battery based on a hearsay objection to one witness’s testimony, the Court of Appeals says; defendant’s arguments are procedurally defaulted or assert errors that are harmless considering the testimony of victim and another witness. [...]