The Court of Appeals affirms defendant’s bench trial conviction for burglary based on evidence defendant forged checks stolen from his hospitalized victim’s hone and pawned other stolen property. Victim was hospitalized for several weeks in early January, taking her pocketbook ...

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

A defendant stopped during a police “spotting operation” at a convenience store, who challenged police discovery of heroin capsules in his pocket by denying at trial that he nodded his head in consent to the officers’ request to search, has ...

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

The Court of Appeals reverses an award of workers’ comp benefits to a nurse who injured her hand reaching inside her handbag for a favorite pen; as a matter of law, the nurse’s handbag is not a risk peculiar to ...

Tagged with: Judge D. Arthur Kelsey Virginia Court of Appeals Workers' Compensation

A mother who balled up a child support summons and custody order in front of a juvenile and domestic relations district court judge is not entitled to reversal of her contempt conviction for insufficient evidence and lack of confrontation, the ...

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

The Court of Appeals reverses the Virginia Worker’s Compensation Commission decision applying a 2004 administrative guideline of the Virginia Birth-Related Neurological Injury Compensation Program (BIP) to deny $12,590 of parents’ claims for medical expenses as untimely; BIP has no authority ...

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

The Court of Appeals affirms defendant’s convictions for burglary, grand larceny and destruction of property based on evidence recovered from his trailer; warrantless entry was reasonable under the circumstance, including distinctive, fresh footprints in the snow leading from the damaged ...

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

The Court of Appeals reverses the trial court’s suppression of defendant’s confession and remands for trial; defendant voluntarily appeared for questioning at the sheriff’s office four months before her arrest and confessed to stealing to pay her rent; the investigator’s ...

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

In this appeal following remand, the Court of Appeals reverses defendant’s bench trial conviction for selling or distributing stolen property; the indictment charged a separate offense of grand larceny with intent to sell or distribute stolen property; proving this offense ...

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

A school social worker who tripped over a “small gold-colored threshold” connected to a tile surface at the entrance to a school’s copy room is not entitled to workers’ comp benefits, as the Court of Appeals upholds the commission decision ...

Tagged with: Judge D. Arthur Kelsey Virginia Court of Appeals Workers' Compensation

Although a mother did not file her objections until after the court entered its compensation order for the guardian ad litem, the Court of Appeals holds good cause exists to excuse wife’s procedural default and remands this matter for reconsideration ...

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