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Felon constructively possessed gun while passenger in car
Where appellant, who was convicted of a violent felony, was a passenger in his brother’s car, the trial correctly determined that appellant constructively possessed a rifle within arm’s reach on the back seat. This is so despite the brother’s testimony that it was his rifle. Constructive possession “Appellant argues that the evidence failed to prove […]
Resentencing required in identity fraud case
Where the appellant was convicted of seven counts of identity fraud, sufficient evidence supports the convictions but she must be resentenced. The “trial court’s re-casting of [the appellant’s] sentences after dismissing the jury is inconsistent with Code § 19.2-295.1.” Statement of the case “These events arise from allegations that Eva Carol Belcher (‘appellant’) misused her [&hell[...]
Judicial emergency tolled speedy trial deadlines
Where the Virginia Supreme Court declared judicial emergencies in response to the COVID-19 pandemic, speedy trial deadlines were tolled. The court did not infringe on appellant’s constitutional right to a speedy trial by declaring an emergency. Further, there was sufficient evidence to convict appellant of statutory burglary, robbery and a firearm offense. Judicial emergency “Appellant [&helli[...]
Failure to act is ‘willfulness’ under animal cruelty law
Where appellant failed to provide care for his dog, which had an untreated back injury and had not been cleaned or moved “in quite some time” from its filthy surroundings, this was sufficient evidence to support his conviction of felony animal cruelty. Overview Police were called to perform a welfare check on three children in […]
Appellant disqualified for benefits due to misconduct
Even though appellant’s employer, after prevailing before a Virginia Employment Commission deputy commissioner, stated it would not participate in further proceedings, the commission continued to find that appellant was disqualified from receiving benefits. “The circuit court upheld the VEC’s determination. [Appellant] Clay alleges: (1) there was insufficient evidence to prove he committed m[...]
Sufficient evidence that appellant possessed drugs
There was sufficient evidence to conclude that controlled substances found on the side of the road came from the appellant’s vehicle. His convictions for possession with intent to distribute narcotics are affirmed. Credibility contest “‘To convict a defendant of illegal possession of an illicit drug, the Commonwealth must prove either actual or constructive possession by […]
Drug conviction upheld despite defective warrant
Even though evidence was obtained with a defective search warrant, appellant’s conviction of unlawful possession of a controlled substance is affirmed under the good-faith exception to the exclusionary rule. Search Police learned that a wanted person, Paul Price, was at a house in Buena Vista. Five officers were dispatched. Three of them, Detective Buzzard, Deputy […]
No evidence of constructive possession of contraband
Appellant’s convictions for possession with intent to distribute marijuana and possession of ammunition by a convicted felon are overturned. The commonwealth lacked evidence that appellant had been in the house on the day police executed a search warrant and discovered the contraband. Overview After responding to a domestic call and smelling marijuana when an occupant […]
Sufficient evidence for possession conviction
Where appellant was convicted of possessing cocaine, there was sufficient evidence that he “knowingly and intentionally” possessed the drug. Sufficient evidence “At issue on appeal is whether appellant Beal knew there was cocaine in a tightly rolled up dollar bill that fell from his lap when police removed him from the vehicle. “In order to […]
No evidentiary errors in child abuse case
Where appellant waved a knife and hit the father of her child with her fist while holding the seven-month-old child in her arms, this was sufficient evidence to convict her of felony child abuse. Appellant placed the child at a “distinct risk of actual physical harm and showed a reckless disregard for human life.” Background […]
Visitation decisions improperly delegated
Where the trial court gave father the power to decide whether to expand mother’s visitation with the parties’ children, this was an improper delegation of judicial power. Background The parties’ final divorce order provided that father would have sole physical and legal custody. “Mother’s contact with the children was limited to letter writing; her therapist […]
Contractor intended to defraud homeowners
Where appellant contracted with homeowners to do construction work, later asked for additional sums for materials and labor, and did not finish the job, there was sufficient evidence that he intended to defraud the homeowners. His conviction for larceny by false pretenses is affirmed. Home improvement Joyce and Harold Cook owned a home that needed […]
Verdicts & Settlements
- Driver fell asleep, causing significant auto accident — $1M settlement
- Defense verdict returned for company in rear-end crash — Defense verdict
- Cauda equina syndrome developed after procedure — $625,000 settlement
- Passenger died months after sustaining multiple injuries — $725,000 settlement
- Plaintiff injured in crash with oncoming vehicle — $235,000 settlement
- Driver killed in rear-end collision with tractor-trailer — $1.5M settlement
- Man died from pancreatic cancer after delayed response — $1.8M settlement
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
Opinion Digests
- Company owner dodges breach of contract suit
- Employee’s own allegations doom minimum wage claim
- Federal government defeats former employee’s claims
- Principal wasn’t entitled to exclusively remote work
- USPTO properly redacted info in responsive documents
- Untimely lawsuit allowed to proceed
- Engineering consultant dismissed from suit
- Rule 60 motion was filed too late
- Nonprofit directors immune from ex-employees’ claims
- City, employees immune from whistleblower claims
- Experts excluded in condemnation damages suit
- Judgment entered against company for horse’s death
