Where the trial court awarded appellee damages for his quantum meruit claim, the award is reversed because appellee presented no evidence of the reasonable value of his services. Background The Virginia University of Lynchburg, or VUL, hired appellee Flood in ...

Tagged with: Civil Practice Judge Daniel E. Ortiz Virginia Court of Appeals

Even assuming an ATM is a computer, appellant did not operate it without authority when she used it to deposit forged checks. Her computer fraud conviction is reversed. The computer fraud statute forbids using a computer without authority to do ...

Tagged with: Criminal Judge Clifford L. Athey Jr. Judge Daniel E. Ortiz Virginia Court of Appeals

Where a child’s former foster parents sought to regain custody after the J&DR court placed the child with her biological mother, their petitions for custody and visitation were correctly denied because they did not prove “current actual harm” to the ...

Tagged with: Family Law Judge Daniel E. Ortiz Virginia Court of Appeals

Where appellant admitted to using a pipe that tested positive for methamphetamine, his conviction for possession of a Schedule I or II controlled substance is affirmed. Search “Franklin County Sheriff’s Investigator Zachary Shaffer assisted in the execution of a search ...

Tagged with: Criminal Judge Daniel E. Ortiz Virginia Court of Appeals

There is sufficient evidence that appellant knowingly possessed methamphetamine where it was “plainly visible” and appellant was in close proximity. Constructive possession “[I]t is well-established that a defendant’s immediate proximity to contraband that is plainly visible is sufficient to support ...

Tagged with: Criminal Judge Daniel E. Ortiz Judge Junius P. Fulton III Virginia Court of Appeals

Where appellant argued there was no probable cause to issue an arrest warrant charging him with refusing a breath test after he was stopped for driving under the influence, subsequent offense within 10 years, he has waived the argument because ...

Tagged with: Criminal Judge Daniel E. Ortiz Virginia Court of Appeals

Where appellant argues his conviction of aggravated sexual battery of a child over the age of 13 by a step-grandparent should be overturned because the child’s testimony was not credible, we will not disturb the trial court’s credibility determinations. Credibility ...

Tagged with: Criminal Judge Daniel E. Ortiz Virginia Court of Appeals

A statute that bars searches basely only on the smell of marijuana and excludes evidence resulting from a search does not apply retroactively. Argument Appellant “Goodwin appeals the trial court’s denial of their pretrial motion to exclude evidence of disorderly ...

Tagged with: Criminal Judge Daniel E. Ortiz Virginia Court of Appeals

Where appellant was convicted of being a felon in possession of a firearm, there was sufficient evidence that he actually possessed the firearm. Someone else? “Jackson argues that the circuit court erred by denying his motion to strike because the ...

Tagged with: Criminal Judge Daniel E. Ortiz Virginia Court of Appeals

Where appellant sought to expunge three misdemeanors from her record, the trial court improperly denied the request after applying an incorrect standard of proof. The court ruled that appellant had to show manifest injustice if the offenses remained on her ...

Tagged with: Criminal Judge Daniel E. Ortiz Virginia Court of Appeals