The Court of Appeals reverses a circuit court decision reinstating a project manager terminated by the Virginia ABC agency and awarding him back pay and attorney’s fees, and reinstates the termination. The circuit court held that the agency violated the ...

Tagged with: Employment Judge D. Arthur Kelsey Virginia Court of Appeals

Although defendant claims he had a common law right to resist a wrongful arrest for public intoxication, he has not challenged on appeal his conviction of that offense, and thus he cannot challenge his conviction for assaulting the officer as ...

Tagged with: Criminal Judge D. Arthur Kelsey Virginia Court of Appeals

The Court of Appeals reverses an administrative finding that appellant committed an act of sexual abuse of a child in his care, and vacates the finding by the Department of Social Services, which improperly found that appellant, who was residing ...

Tagged with: Administrative Judge D. Arthur Kelsey Virginia Court of Appeals

The Court of Appeals affirms an embezzlement conviction of the manager of a ColorTyme rent-to-own store who allegedly had issued handwritten receipts for customers’ cash payments on their accounts, and then failed to deposit funds in the store’s bank account. ...

Tagged with: Criminal Judge D. Arthur Kelsey Virginia Court of Appeals

The Court of Appeals upholds a larceny by false pretenses conviction of a woman who used bank account and wire routing numbers for a trucking company that employed her father, to request a third-party payor to process $355 in partial ...

Tagged with: Criminal Judge D. Arthur Kelsey Virginia Court of Appeals

Although defendant denied raping his mentally disabled daughter, DNA testing showed a 99.9999 percent probability that defendant fathered her aborted child, when compared to unrelated males who may have had contact with the young woman, and the Court of Appeals ...

Tagged with: Criminal Judge D. Arthur Kelsey Virginia Court of Appeals

Defendant cannot suppress his admission to police of selling heroin, made after he invited them into his sister’s home, and the Court of Appeals upholds his conviction under Va. Code § 18.2-248. Defendant contends his statement should have been suppressed ...

Tagged with: Criminal Judge D. Arthur Kelsey Virginia Court of Appeals

A defendant can be convicted of one count of possession of child pornography and 11 second or subsequent counts, based on his download of 12 images at a single time; the Court of Appeals says that when multiple images are ...

Tagged with: Criminal Judge D. Arthur Kelsey Virginia Court of Appeals

A defendant who told a woman her roof needed to be resealed to prevent leaks and cashed the $1,000 check she gave him, then returned to tell her the roof needed to be replaced, and cashed an additional $1,800 check ...

Tagged with: Criminal Judge D. Arthur Kelsey Virginia Court of Appeals

The Court of Appeals reverses in part and remands the circuit court $21,000 award to wife under a prenuptial agreement and $10,000 in attorney’s fees; wife failed as a matter to law to present a prima facie case valuing husband’s ...

Tagged with: Domestic Relations Judge D. Arthur Kelsey Virginia Court of Appeals