Virginia Lawyers Weekly VA Lawyers Weekly

The commonwealth charged defendant with falsely making or embossing a fraudulent credit card. At trial, however, it demonstrated only the defendant tried to use a fraudulent card. The conviction was reversed because the commonwealth failed to prove the crime charged ...

Tagged with: Criminal Judge Richard Y. AtLee Jr. Virginia Court of Appeals

Although the wife was in an exclusive, continuous, monogamous relationship with another man following her separation from husband, because they maintained separate residences, the trial court did not err by holding that husband failed to prove the threshold “common residence” ...

Tagged with: Domestic Relations Judge Mary Grace O'Brien Virginia Court of Appeals

By remaining with the couple’s children in South Korea and refusing to return to the United States, the mother denied the father access to the children, a fact that was properly considered by the trial court in granting the father ...

Tagged with: Domestic Relations Judge Robert J. Humphreys Virginia Court of Appeals

By remaining with the couple’s children in South Korea and refusing to return to the United States, the mother denied the father access to the children, a fact that was properly considered by the trial court in granting the father ...

Tagged with: Domestic Relations Judge Robert J. Humphreys Virginia Court of Appeals

An employee who was blinded in an assault by a former coworker while working the overnight shift at a rest area was entitled to workers’ compensation benefits, even though the assailant’s motivation for the attack was unknown, because the employee’s ...

Tagged with: Judge Glen A. Huff Virginia Court of Appeals Workers' Compensation

Reunification with their mother was not shown to be in the best interests of the children where the children were thriving in their new placements with close relatives and the mother had not demonstrated that she understood the seriousness of ...

Tagged with: Domestic Relations Per Curiam Opinion Virginia Court of Appeals

Where an employee received workers’ compensation benefits for a right shoulder injury sustained in the course of her employment, she was also entitled to benefits for a left shoulder injury that was caused by overcompensation following the original injury. Background ...

Tagged with: Judge Marla Graff Decker Virginia Court of Appeals Workers' Compensation

Where defendant petitioned for a writ of actual innocence based on nonbiological evidence, the Court of Appeals abused its discretion by dismissing the petition without ordering an evidentiary hearing. The appeals court concluded defendant did not prove the truth of ...

Tagged with: Criminal Justice William C. Mims Supreme Court of Virginia

A defendant is not entitled to relief from mandatory three-year minimum sentences for his  convictions of cocaine distribution offenses because the evidence showed he possessed a firearm during the time that controlled buys were made at his home. Overview Under ...

Tagged with: Criminal Published Order Supreme Court of Virginia

Defendant was not entitled to a continuance under a statute that provides the court “shall” grant a reasonable continuance when a defendant represented by a court-appointed attorney becomes financially able to retain private counsel. The statute does not confer a ...

Tagged with: Criminal Justice William C. Mims Supreme Court of Virginia