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Variance between indictment and evidence not fatal
Where appellant’s indictment charged that he abducted a mother and her child, there was not a fatal variance between the indictment and the evidence presented at trial. The commonwealth was not required to prove that appellant abducted both individuals. Legal standards “Brown argues … that there was a fatal variance between the allegations in the […]
Most discharge claims not preserved for review
Where the Virginia Museum of Fine Arts discharged appellant for addressing a coworker with a “racial slur,” he did not preserve most of his claims for appellant review because he failed to explain why his discharge was contrary to law. Background Cassidy was a “watch commander” at the VMFA. When reporting for work, “Cassidy, who […]
Arson conviction supported by sufficient evidence
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 occupied dwelling under Code § 18.2-77, the jury had to find beyond a reasonable doubt […]
Appellant was present at robbery
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 without obstructing traffic,” as the statute requires. Argument and authorities “Owen contends that he did […]
Appellant found to be present at robbery
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 in her employer’s parking lot. As she was preparing to leave the car and go […]
No jurisdiction to review PSA ruling
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 matter jurisdiction. PSA set aside Husband filed for divorce. The parties executed a separation and […]
Motion to withdraw plea not made in good faith
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, and not because he expected a prosecution witness to testify. The shooting Appellant Martin and […]
Malice established in malicious wounding case
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 the light most favorable to the Commonwealth, demonstrates that Warren pursued and stabbed an unarmed […]
Convictions for assault on police officers affirmed
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 in the mouth while he was resisting arrest. His convictions on three counts of assault […]
Insufficient evidence of financial exploitation
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 or neglect of an incapacitated adult is affirmed. Financial exploitation Appellant Tomlin “argues the evidence [&[...]
Constructive possession of drugs found in truck
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 smoking devices found when the police searched the truck. Background Lieutenant Berbes and Officer Brady […]
Sufficient evidence for fraud and embezzlement convictions
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 credit card fraud. Credit card fraud “Floyd contends that the evidence was insufficient to sustain […]
Verdicts & Settlements
- Plaintiff injured in crash with oncoming vehicle — $235,000 settlement
- Driver killed in rear-end collision with tractor-trailer — $1.5M settlement
- Man died from pancreatic cancer after delayed response — $1.8M settlement
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
- Excessive propofol caused death in dialysis patient — $850,000 settlement
- Pedestrian struck in crosswalk in hit-and-run incident — $300,000 settlement
- Navy veteran killed in collision with box truck — $1.85M arbitration award
- Motorcyclist ejected from bike in collision with SUV — $1.5M settlement
Opinion Digests
- Company owner dodges breach of contract suit
- Employee’s own allegations doom minimum wage claim
- Federal government defeats former employee’s claims
- Principal wasn’t entitled to exclusively remote work
- USPTO properly redacted info in responsive documents
- Untimely lawsuit allowed to proceed
- Engineering consultant dismissed from suit
- Rule 60 motion was filed too late
- Nonprofit directors immune from ex-employees’ claims
- City, employees immune from whistleblower claims
- Experts excluded in condemnation damages suit
- Judgment entered against company for horse’s death
