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Wife assented to property settlement
Where wife was presented with a property settlement agreement and accepted it without objection, the trial court properly incorporated it into the final decree of divorce. Agreement “[W]e impute to wife an intention corresponding to the reasonable meaning of her words and acts, which objectively communicated her assent that the agreement end the litigation. Her […]
No post-separation mortgage reimbursement
Where the parties’ premarital agreement did not address the payment of marital debt during the marriage or up to the time of a divorce, wife cannot rely upon the agreement to insist that husband reimburse her for half of the mortgage payments she made while the couple was separated. Background The parties were married in […]
Experts properly testified in parental right case
Where two experts in this parental rights termination case offered opinion testimony, appellant cannot attack the testimony on the basis that they used “unreliable, unscientific, and outmoded testing methods.” Further, there was clear and convincing evidence to support the circuit court’s termination of appellant’s parental rights. Background Appellant’s child, C.P., came into the Nelson[...]
Sufficient evidence supports unlawful wounding convictions
In a fight among three brothers, in which two were stabbed and appellant was the only one armed with a knife, the trial court’s conviction of two counts of unlawful wounding is affirmed. Further, the trial court correctly rejected appellant’s claim of self-defense. Unlawful wounding Appellant Dustin Gram argues on appeal there was insufficient evidence […]
Issue presented on appeal not raised in trial court
Where appellant was convicted of practicing a profession or occupation without a valid license, his conviction is affirmed because the argument he presented on appeal was never presented to the trial court. Background Two homeowners directed their real estate agent, Bertinelli, to contract with appellant Riddel to inspect and, if necessary, repair their home’s septic […]
Protective order service return statements not testimonial
Where appellant was convicted of attempting to obtain a firearm while subject to a protective order, he had no right to confront and cross-examine the deputy who completed the certificate of service reflecting that appellant was personally served with an extension of the protective order. Background Chawlk sought to extend a preliminary protective order against […]
Record supports finding claimant could return to work
Where each of claimant’s treating physicians concluded that he could return to work, the workers’ compensation commission correctly terminated his open temporary total disability benefits award. Further, the commission correctly determined the employer was not liable for the costs of a diagnostic procedure related to his back when the disability award was for an ankle […]
Evidence found in mint container excluded
Drug evidence in a mint container found in the vehicle appellant was driving will be suppressed. The police lacked probable cause to search the container and no exception to the Fourth Amendment’s warrant requirement applied. Overview Hudgens, a police officer, stopped the car appellant Baker was driving for a defective headlight. Benton, the passenger, owned […]
Incest conviction for sex with adult stepdaughter affirmed
Where appellant pleaded guilty to committing incest by having sexual intercourse with his 18-year-old stepdaughter, conditioned on appealing “on the sole basis that the circuit court erred ‘when it refused to find that Virginia Code § 18.2-366 is unconstitutional when it criminalizes sexual relations between adults not related by blood[,]’” he cannot argue on appeal […]
Blood alcohol test result admissible in manslaughter case
Where appellant ran from the scene of a fatal car crash, was escorted back by police officers and, while receiving treatment for his injuries, police initiated a DUI investigation of the crash, he was not in custody until an officer arrested him for drunk driving and advised him of his Miranda rights. His motion to […]
Manslaughter instruction not required at murder trial
Assuming, without deciding, that there was sufficient evidence to support a manslaughter instruction at appellant’s first-degree murder trial, any error in failing to given the requested instruction would be harmless. Because the jury returned a first-degree murder verdict, it never would have reached the issue of manslaughter. Appellant’s conviction is affirmed. Overview The evidence, taken [[...]
Hearsay evidence of victim’s violent nature inadmissible
Where appellant offered a self-defense claim to a second-degree murder charge, the trial court properly excluded portions of his police interview containing hearsay statements relating to the victim’s violent reputation. The court allowed appellant to present non-hearsay evidence to bolster his self-defense claim. Appellant’s conviction is affirmed. Background Appellant Givens surrendered to p[...]
Verdicts & Settlements
- Woodshop incident leads to amputation of fingers — $1.3M settlement
- Motorcyclist’s foot amputated in collision — $7M settlement
- Contractor rear-ended on interstate on way to wedding — $825,000 settlement
- Man suffers back injury in crash with out-of-state driver — $530,000 settlement
- Driver crossed center line, struck 89-year-old’s vehicle — $1.2M settlement
- Jury returns defense verdict in favor of gastroenterologist
- Teens killed in T-bone collision with officer — $3.1M settlement
- Man sustained subdural hematoma in rear-end collision —$1.15M settlement
- Adequate anesthesia not provided during C-section — $2.5M verdict
- Tenant fell ill from mold in apartment — $588,000 verdict
- Woman suffers nerve injury, pain after dental procedure — $550,000 settlement
- Driver struck child exiting school bus — $750,000 settlement
Opinion Digests
- Suit over historic mansion and estate dismissed
- Former employee’s claims survive motion to dismiss
- Equal Pay Act doesn’t apply to applicant
- Court rejects invocation of attorney-client privilege
- Evidence supported competency determination
- Appellees had power to remove business manager
- No continuance after witnesses failed to appear
- No actual or constructive eviction in warranty case
- Gas distribution pipeline exempt from ZBA regulation
- Improper venue in air pollution regulation matter
- No benefits awarded in unemployment comp case
- No immunity for judge who personally oversaw search
