Appellant’s arson conviction is affirmed because the record supports findings that the fire in her house was not accidental, that appellant set the fire and that she did so with malice. Arson elements “To convict Goodman of arson of an ...

Tagged with: Criminal Judge Clifford L. Athey Jr. Virginia Court of Appeals

Where appellant was convicted under Code § 46.2-894 with leaving the scene of an accident, the conviction is affirmed because he drove 200 to 300 feet away instead of stopping “as close to the scene of the accident as possible ...

Tagged with: Criminal Judge Clifford L. Athey Jr. Virginia Court of Appeals

Where appellant was convicted of robbery, conspiracy to commit robbery, using a firearm while committing a felony and credit card theft, there was sufficient evidence that he was present at the scene of the robbery. Robbery Jackson parked her car ...

Tagged with: Criminal Judge Clifford L. Athey Jr. Virginia Court of Appeals

Where the trial court did not incorporate the parties’ property settlement agreement into the divorce decree, and denied husband’s motion to reconsider, the denial was an interlocutory order that cannot be appealed. The appeal is dismissed for lack of subject ...

Tagged with: Domestic Relations Judge Clifford L. Athey Jr. Virginia Court of Appeals

Where appellant moved to withdraw his guilty plea, the trial court correctly denied the motion after determining that appellant was not acting in good faith. The trial court found that appellant pleaded guilty because the evidence against him was overwhelming, ...

Tagged with: Criminal Judge Clifford L. Athey Jr. Virginia Court of Appeals

In this malicious wounding case, the evidence supports the trial court’s finding that appellant acted with malice and not in the heat of passion. Further, the trial court correctly rejected appellant’s self-defense claim. Acted with malice “The evidence, viewed in ...

Tagged with: Criminal Judge Clifford L. Athey Jr. Virginia Court of Appeals

There was sufficient evidence that appellant intended to dig his fingernails into a police officer’s hand while being handcuffed. The evidence also supports the trial court’s finding that appellant intended to spit on police officers and kick one of them ...

Tagged with: Criminal Judge Clifford L. Athey Jr. Virginia Court of Appeals

Appellant’s conviction for financially exploiting an incapacitated adult is reversed because the evidence presented to show mental incapacity with respect to health care matters cannot, by itself, be used to establish mental incapacity for financial matters. The conviction of abuse ...

Tagged with: Criminal Judge Clifford L. Athey Jr. Virginia Court of Appeals

There was sufficient evidence that appellant left the scene of an accident without leaving contact information in a conspicuous place. Further, there was sufficient evidence that she owned the truck involved in the accident, and therefore constructively possessed drugs and ...

Tagged with: Criminal Judge Clifford L. Athey Jr. Virginia Court of Appeals

Although a credit card holder that appellant cared for gave appellant permission to use her credit card to buy the holder books and groceries, evidence of extensive purchases made for other goods and services was sufficient to convict appellant of ...

Tagged with: Criminal Judge Clifford L. Athey Jr. Virginia Court of Appeals