Parental Rights Terminated for Long-Term Issues

Attempted Murder Not Abduction

By Deborah Elkins
Published: April 22, 2013
Tags: Criminal, Judge Walter S. Felton Jr., Virginia Court of Appeals

Evidence sufficient to prove defendant attempted to murder his wife with a shotgun is not sufficient to prove he abducted four other family members present, the Court of Appeals says; no evidence shows defendant detained them with intent to deprive them of their liberty; their fear about what might happen did not prevent them from [...]

Observed Violations Allow Stop

By Deborah Elkins
Published: April 22, 2013
Tags: Criminal, Judge Walter S. Felton Jr., Virginia Court of Appeals

On commonwealth’s appeal, the Court of Appeals reverses suppression of marijuana and cocaine found on defendant’s person incident to his arrest after he fled from police; the numerous traffic violations the pursuing officer observed provide probable cause regardless of his original erroneous suspicion defendant was a murder suspect at large. One afternoon in February, a [...]

Restitution Amount Remanded

By Deborah Elkins
Published: April 22, 2013
Tags: Criminal, Judge William G. Petty, Virginia Court of Appeals

Defendant convicted of embezzling trust fund payroll taxes cannot be required to repay both the embezzled funds and the unpaid tax liability, the Court of Appeals says; the trial court’s $1.4 million restitution order must be reversed and remanded to determine how the victim impact statement was calculated and how the embezzlement caused the losses. [...]

Police Entry at ‘Home Study’ Visit Illegal

By Deborah Elkins
Published: April 22, 2013
Tags: Judge D. Arthur Kelsey, Search & Seizure, Virginia Court of Appeals

Police called as backup when a social worker planned to visit defendant’s home to conduct a custody-related home study did not have probable cause to enter defendant’s home and the marijuana and guns found in plain view in the home should have been suppressed, the Court of Appeals says, as it reverses defendant’s conviction for [...]

Agency Wins Provider Reimbursement Case

By Deborah Elkins
Published: April 22, 2013
Tags: Administrative, Judge D. Arthur Kelsey, Virginia Court of Appeals

The Court of Appeals affirms a decision requiring a mental health services provider under contract to receive Medicaid payments to reimburse DMAS for services provided by four employees who did not have properly documented qualifications. The Virginia Department of Medical Assistance Services entered into an agreement with appellant Family Redirection Institute Inc. (FRI) to provide [...]

No Guilty Plea Withdrawal After Colloquy

By Deborah Elkins
Published: April 22, 2013
Tags: Criminal, Judge Stephen R. McCullough, Virginia Court of Appeals

A defendant was warned in a plea agreement and by the trial court that the court did not have to accept the prosecutor’s recommended sentence of eight years for sexual offenses against an 11-year-old girl that carried possible multiple life terms plus 20 years, and the Court of Appeals affirms the trial court’s denial of [...]

Constructive Possession for Cocaine in Tin

By Deborah Elkins
Published: April 17, 2013
Tags: Criminal, Judge D. Arthur Kelsey, Virginia Court of Appeals

There was sufficient evidence to convict defendant of cocaine possession based on an officer’s observation of defendant, whom he recognized from a previous encounter, questioned him about his revoked driver’s license, observed a syringe in his waistband, obtained consent to search defendant’s vehicle, and found cocaine residue in a metal tin at defendant’s feet; the [...]

Continuance Denial Upheld in Custody Case

By Deborah Elkins
Published: April 17, 2013
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals

The Court of Appeals says a trial court did not err in declining to grant father a continuance of a custody and visitation hearing in response to father’s presentation that morning of a letter from new counsel requesting a hearing, and the lower court decision is affirmed. The trial court provided detailed reasons for denying [...]

Rights Terminated for Loss of Contact

By Deborah Elkins
Published: April 17, 2013
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals

The Court of Appeals upholds a trial court decision to terminate the parental rights of a mother who failed to maintain any contact with her child during her incarceration and failed to provide or plan for her child’s further for over six months after the child’s placement in foster care. The child was twice removed [...]