Complaint Stricken After Husband’s Appearance

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 [...]

Published Order

By Deborah Elkins
Published: May 9, 2013
Tags: Virginia Court of Appeals

On May 7, 2013, the Virginia Court of Appeals granted rehearing en banc in Kepa Inc. v. Va. Dep’t of Health, No. 1164-12-3. The court stayed the mandate on its earlier panel decision holding that a hookah lounge that features onsite smoking of flavored tobacco through a hookah, but also sells food and beverages, is [...]

Mother Paid from Father’s Appeal Bond

By Deborah Elkins
Published: May 9, 2013
Tags: Criminal, Judge Randolph A. Beales, Virginia Court of Appeals

The Court of Appeals affirms a trial court order directing release of $221,610 in appeal bond funds to the mother/appellee, in this dispute over the bond for the father’s appeal to this court over child support issues. Father and mother were married in New York in 1995, and had three children. The parties separated on [...]

Soft-Tissue ‘Injury’ Supports Felony Hit & Run

By Deborah Elkins
Published: May 9, 2013
Tags: Judge Rossie D. Alston Jr., Traffic Offenses, Virginia Court of Appeals

Although defendant contends there was insufficient evidence that anyone was injured when she rear-ended another car and then ran away into the woods as emergency vehicles approached, the Court of Appeals holds that a soft-tissue injury such as muscle pain constitutes an “injury” under the felony hit-and-run statute, and affirms defendant’s conviction under Va. Code [...]

Husband Wins Reversal on Car & Support

By Deborah Elkins
Published: May 3, 2013
Tags: Domestic Relations, Judge Rossie D. Alston Jr., Virginia Court of Appeals

On husband’s appeal of a final divorce decree, the Court of Appeals reverses and remands two trial court rulings on a car husband purchased after separation and on child support; although husband’s remaining arguments lack merit, his appeal is not frivolous and appellate attorney’s fees are denied. Husband and wife separated in 2007, after 13 [...]

Incorporated PSA Extends Parent Insurance Duty

By Deborah Elkins
Published: May 3, 2013
Tags: Domestic Relations, Judge Robert J. Humphreys, Virginia Court of Appeals

The Court of Appeals affirms the trial court requiring father to reimburse mother for one-half of the cost of son’s medical and dental insurance for as long as the carrier considers him eligible as a dependent; the parties’ property settlement agreement (PSA) does not define “eligible dependent” and a logical interpretation is for father’s obligation [...]

Guardian’s Appeal Fails, Parent Reclaims Child

By Deborah Elkins
Published: May 3, 2013
Tags: Domestic Relations, Judge Stephen R. McCullough, Virginia Court of Appeals

The Court of Appeals affirms the trial court returning child to mother and dissolving two protective orders after mother relocated to another state; mother has maintained stable employment and housing with only one positive drug screen in 2012 after completing a drug court program; although guardian’s arguments lack merit, we decline to impose attorney’s fees [...]

Overwhelming Evidence Supports Revoking Parole

By Deborah Elkins
Published: May 3, 2013
Tags: Criminal, Judge Teresa M. Chafin, Virginia Court of Appeals

The Court of Appeals affirms the trial court order revoking suspension of defendant’s sentences for grand larceny and burglary: overwhelming evidence shows a continuing pattern of criminal activity that renders harmless the trial court’s alleged error in admitting statements about other burglaries in which defendant is a suspect. Defendant was convicted of grand larceny and [...]

Upset Mom’s Messages Were Threats

By Deborah Elkins
Published: May 3, 2013
Tags: Criminal, Judge Robert P. Frank, Virginia Court of Appeals

A majority of the Court of Appeals affirms mother’s misdemeanor conviction for making telephone threats but reverses and dismisses her conviction for interfering with a 911 call for lack of evidence she disabled or destroyed any device required under the statute charged, Va. Code §18.2-164(B)( 2); the dissent argues both convictions should be reversed because [...]