Unauthenticated eBay and PayPal accounts require reversing defendant’s bench trial conviction for embezzlement, the Court of Appeals says; the commonwealth can retry defendant using this evidence with proper authentication. Defendant was employed as a warehouse manager for a cell phone ...

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

A wife could not reopen her divorce proceeding to pursue the $1.85 million proceeds of a loan her ex-husband’s company made to his business partner. An account receivable owed to a company in which he held an interest was not ...

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

In construing a property settlement agreement that covered assets owned by the parties subject to equitable distribution, a trial court erred in granting wife an ED award from an account receivable owed to a corporation in which husband had a ...

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

The Court of Appeals affirms defendant’s bench trial convictions for breaking and entering, destruction of property and petit larceny based on surveillance video of a restaurant break in; defendant’s explanation of having a file and hammer for work is refuted ...

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

Defendant cannot void his convictions for grand larceny of a firearm and felon firearm possession by asserting on appeal that his guilty plea was not written and signed, the Court of Appeals says; the formal requirements of Rule 3A:8(c)(2) are ...

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

The Court of Appeals affirms denial of husband’s request to reduce his $9,000 monthly spousal support obligation; the trial court made a conscientious evaluation of the evidence and equities, including wife’s limited earning capacity; husband understated his 2006 income in ...

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

Defendant’s failure to proffer what he would have said defeats his appeal of the trial court’s denial of allocution, the Court of Appeals says; the record supports revoking defendant’s suspended sentences at his third revocation hearing in five years. In ...

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

A warrant that identified a specific residential address to which images of child pornography had been traced, and that authorized a search of the “trailer type dwelling,” identified a “brown barn in front of the home,” and authorized the search ...

Tagged with: Judge D. Arthur Kelsey Search & Seizure Virginia Court of Appeals

At defendant’s trial for malicious wounding and firearm use, the trial court did not err in admitting into evidence an acquittal order from a separate case against the alleged principal in the first degree, who was defendant’s brother; the Court ...

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

Defendant is not entitled to reversal of his bench trial convictions for sex crimes by attacking the competency of his nine-year-old deaf-mute victim, the Court of Appeals says; the trial court took care to establish victim’s competency and the record ...

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