Virginia Lawyers Weekly VA Lawyers Weekly

In considering a sex offender’s bid for remittance of treatment expenses, the court found the statute allows remittance of “fines and costs,” but does not extend to costs associated with sex offender treatment class, polygraph tests or a GPS monitor. ...

Tagged with: Chesterfield County Circuit Court Criminal Judge David E. Johnson Virginia Circuit Courts

A man with a clean record after his 1989 drug conviction won reinstatement of his right to purchase, possess and carry firearms, as the court found he satisfied the “good cause shown” standard by demonstrating the risk that caused him ...

Tagged with: Constitutional Fairfax County Circuit Court Judge David Bernhard Virginia Circuit Courts

Where a mother failed to substantially comply with goals set out for her in a foster care plan, did not secure independent housing or find employment, the court’s termination of her parental rights was upheld. Background In March 2015, child ...

Tagged with: Domestic Relations Judge Randolph A. Beales Virginia Court of Appeals

A husband presented no evidence or legal authority to prove his wife’s 1987 divorce in Peru was not final when he married her in 1988. The Virginia court did not err in granting the wife a divorce. Background Wife’s previous ...

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

It was in a child’s best interests to terminate the parental rights of the father who did not comply during the child’s 29 months in foster care with conditions of the foster care plan, and who failed to complete substance ...

Tagged with: Domestic Relations Judge Randolph A. Beales Virginia Court of Appeals

Although the trial court may have erred in admitting the defendant’s Facebook posts during the sentencing phase of his murder trial, the defendant’s failure to present the precise arguments to the court foreclosed his ability to raise the issue on ...

Tagged with: Criminal Judge William G. Petty Virginia Court of Appeals

Where the record contained extensive evidence of the horrific child abuse suffered by the child at the hands of the defendant, the trial court did not err in terminating his parental rights. Background On Jan. 27, 2017, Y.Y., a four-year ...

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

While the defendant’s requested jury instruction was a correct statement of the law, the court found the instructions that were actually given fully covered the legal principle at issue and properly advised the jury that unexplained possession of stolen property ...

Tagged with: Criminal Judge Mary B. Malveaux Virginia Court of Appeals

A man convicted of rape claimed the court erred by allowing a nurse to be a witness at his trial because she lacked certification to be a Sexual Assault Nurse Examiner. But the court found no error as the nurse’s ...

Tagged with: Evidence Judge Wesley G. Russell Jr. Virginia Court of Appeals

Where the record amply supported the trial court’s conclusion that the defendant subjected her stepson to “aggravated circumstances,” including not seeking immediate medical treatment for injuries inflicted by his father or addressing the father’s abuse, the court did not err ...

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