Virginia Court Of Appeals | Virginia Lawyers Weekly

Denial of Plea Withdrawal Was Error

By Deborah Elkins
Published: May 18, 2012
Tags: Criminal, Judge Robert J. Humphreys, Virginia Court of Appeals

The Court of Appeals reverses denial of a defendant’s motion to withdraw his guilty plea to first-degree murder in the fatal stabbing of his estranged wife; the trial court did not apply the correct standard in denying defendant’s motion to withdraw his guilty plea.
At defendant’s sentencing hearing on Jan. 31, 2011, he renewed his motion [...]

Unenforced Safety Rule No Bar to Award

By Deborah Elkins
Published: May 15, 2012
Tags: Judge Stephen R. McCullough, Virginia Court of Appeals, Workers’ Comp

The Court of Appeals affirms an award of benefits to an employee who injured his shoulder loading bundles of steel plates onto a pallet; credible medical evidence supports causation and employer failed to show an express order or willful violation of a safety rule.
Employee is a plate press operator; his job consists of operating a [...]

Father’s Appeal Untimely

By Deborah Elkins
Published: May 15, 2012
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals

The Court of Appeals affirms the circuit court’s dismissal of a father’s appeal from a juvenile and domestic relations district (JDR) court order denying his request for weekend visitation at his place of incarceration; father noted his appeal one day late after the 10-day deadline prescribed in Va. Code § 16.1-296(A) and failed to present [...]

Spousal Support Terminated After 19 Years

By Sarah Rodriguez
Published: May 15, 2012
Tags: Domestic Relations, Judge Larry G. Elder, Virginia Court of Appeals

The Court of Appeals affirms the trial court’s decision granting husband’s motion to terminate monthly spousal support of $2,150 nineteen years after the parties separated; wife’s argument about the lack of written findings is procedurally defaulted and her proffered new employment evidence does not meet admissibility standards; we decline to award husband appellate attorney’s fees.
Wife [...]

Swallowing Allows Search for Drugs

By Deborah Elkins
Published: May 15, 2012
Tags: Criminal, Judge Walter S. Felton Jr., Virginia Court of Appeals

Defendant is not entitled to reversal of his conviction for possessing cocaine with intent to distribute based on denial of his motion to suppress nearly four grams of cocaine spit from his mouth, the Court of Appeals says; the totality of the circumstances and the police officer’s knowledge and experience gave probable cause to detain [...]

New Trial on Specific Intent

By Deborah Elkins
Published: May 15, 2012
Tags: Criminal, Judge Randolph A. Beales, Virginia Court of Appeals

Defendant is entitled to a new trial on his charge for misdemeanor destruction of property under Va. Code § 18.2-137(B), the Court of Appeals says; the record does not support trial court’s finding of specific intent to damage a watch worn by a police officer attempting to restrain defendant from swallowing suspected contraband.
While defendant was [...]

Circumstances Proved Boyfriend Hit Mom

By Deborah Elkins
Published: May 15, 2012
Tags: Criminal, Judge Sam W. Coleman III, Virginia Court of Appeals

The Court of Appeals affirms defendant’s bench trial convictions for misdemeanor domestic assault and battery under Va. Code § 18.2-57.2; the circumstances prove defendant hit his seven-year-old son’s mother, cutting her above the eye, when he grabbed her cell phone and threw it into a glass picture.
Defendant lives with mother and their seven-year-old son. After [...]

LPN Care Records Were ‘Forgery’

By Deborah Elkins
Published: May 9, 2012
Tags: Criminal, Judge Robert P. Frank, Virginia Court of Appeals

A licensed practical nurse at a skilled nursing facility who repeatedly logged performance of patient care procedures and medication administration on a patient’s chart, even though she had not done these tasks, as demonstrated by an FBI surveillance video, cannot overturn her forgery conviction in the Court of Appeals.
After the FBI investigation, a grand jury [...]

Physician Impairment Ratings Rejected

By Deborah Elkins
Published: May 8, 2012
Tags: Judge Rudolph Bumgardner III, Virginia Court of Appeals, Workers’ Comp

The Court of Appeals affirms the commission decision denying permanent total disability benefits for her left side: the record evidence supports the commission finding that the 90 percent impairment ratings of two physicians were insufficient.
Employee fell while waiting tables in 2000. After being treated by an orthopedic specialist for a broken bone in her right [...]

Teacher’s Fall Not Compensable

By Deborah Elkins
Published: May 8, 2012
Tags: Judge Walter S. Felton Jr., Virginia Court of Appeals, Workers’ Comp

The Court of Appeals affirms the commission majority decision denying benefits to a teacher who fell in a school hallway; employee gave conflicting accounts about how she fell, supporting the commission finding employee failed to meet her burden to prove her injury arose out of her employment.
Employee is a special education teacher. One morning in [...]

Virginia Lawyers Weekly