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Field sobriety test is evidence of intoxication
Where appellant argues that “performance on a field sobriety test cannot serve as evidence of intoxication in determining his guilt,” the argument ignores Virginia caselaw that holds sobriety tests are admissible as circumstantial evidence of intoxication. Appellant’s other assignments of error lack merit. His DUI, second offense in 10 years conviction, is affirmed. Background Police [&helli[...]
‘Miranda’ error makes new trial necessary
Where appellant invoked his right to counsel but the police continued his interrogation, an incriminating statement that he made after invoking his right should not have been admitted as evidence. His sexual battery convictions are reversed. However, the commonwealth may retry appellant because there was sufficient evidence to support convictions for two counts of sexual […]
Court adopted prosecution’s speedy trial calculations
Appellant’s convictions for assault and battery on a law enforcement officer, obstruction of justice and driving after forfeiture of license are affirmed. There was no speedy trial violation. Defense counsel’s “agreement … to a trial date outside the speedy trial period tolled the deadline.” Further, there was sufficient evidence of appellant’s intent regarding the assault […]
Violation of sign ordinance upheld
Where appellant was convicted of violating a sign ordinance, his failure to appeal to the Board of Zoning Appeals prevents judicial review of his claim that he was entitled to the religious building exemption from the ordinance’s requirement. Further, even if his claim could be reviewed, the claim would fail because he did not take […]
Dismissed appeal revived by ‘en banc’ panel
The circuit court incorrectly dismissed appellant’s appeal of a drunk driving conviction in the general district court. There were no procedural defaults that prevent this court from reaching the merits of his appeal: that Supreme Court emergency orders tolled all deadlines, including the 10-day deadline to appeal the general district court’s decision. Prior proceedings The […]
Conviction under lesser included offense reversed
Where appellant was indicted under Code § 18.2-374.3(C) for using a “communications system to solicit, with lascivious intent, a person the accused knows or believes to be younger than fifteen years old[,]” but the court sua sponte convicted him under Code § 18.2-374.3(D), which pertains to persons at least 15 years old but younger than […]
No legal justification for abducting county employee
There was sufficient evidence to convict appellant of abducting a county employee. Appellant used his vehicle to block the employee from backing out of a driveway. His conduct shows he intended to deprive her of her liberty. Further, even if the employee was a law officer who searched appellant’s property without a warrant, the sole […]
Witness was credible at sex crimes trial
Where appellant was convicted of attempted forcible sodomy and aggravated sexual battery, his wife, who saw him molesting their adult daughter, provided credible testimony about the incident. Overview The evidence is reviewed in a light most favorable to the commonwealth. Appellant was married to Jennifer Bishop. They have an adult daughter, S.B., who came to […]
Sufficient evidence supports robbery and burglary convictions
Where appellant and the victims provided competing versions about the circumstances that led to appellant being charged with statutory burglary and robbery, the trial court, in its fact-finding role, correctly rejected appellant’s version and convicted him of the theft offenses. Background The trial testimony viewed “in the light most favorable to the Commonwealth,” show that […]
Malice and intent established in malicious wounding case
There was sufficient evidence of malice and intent to convict appellant of malicious wounding. The nature of his attack and the victim’s resulting injuries establish both of these elements. Background Appellant and Miller, his girlfriend, began to argue as they drank and planned a trip to Florida. Appellant got on top of Miller and used […]
Sufficient evidence to support convictions
Appellant’s convictions for malicious wounding and strangulation are affirmed. There was sufficient evidence of intent on the wounding conviction. The evidence was also sufficient to prove the strangulation caused bodily injury or a wounding to the victim. Background The victim, Karen Clay, was attacked by appellant, her ex-boyfriend. The charges against him arose from his […]
Inadequate skill marketing dooms benefits claim
The Virginia Workers’ Compensation Commission correctly denied claimant’s application for temporary disability benefits because he did not make reasonable efforts to market his residual work capacity. Analysis “Claimant argues the Commission erred in finding that he failed to adequately market his residual work capacity. “He relies on two facts in support of that argument: (1) […]
Verdicts & Settlements
- Driver struck twice in rear-end collision at red light — $350,000 settlement
- Drunken driver strikes vehicle on interstate — $200,000 settlement
- Trip and fall on mat leads to knee replacement surgery — $1.5M verdict
- Woman suffers permanent injury in broadside crash — $2.325M settlement
- Teacher injured in accident during morning commute — $1.5M settlement
- Woodshop incident leads to amputation of fingers — $1.3M settlement
- Motorcyclist’s foot amputated in collision — $7M settlement
- Contractor rear-ended on interstate on way to wedding — $825,000 settlement
- Man suffers back injury in crash with out-of-state driver — $530,000 settlement
- Driver crossed center line, struck 89-year-old’s vehicle — $1.2M settlement
- Jury returns defense verdict in favor of gastroenterologist
- Teens killed in T-bone collision with officer — $3.1M settlement
Opinion Digests
- Court silent on if ALJs were constitutionally appointed
- Homeowner’s lawsuit barred by res judicata
- Uncertainty over service prevents default judgment
- No stay of case pending resolution of motion
- Man’s unlawful search, seizure claims dismissed
- Amazon shows patent claim is ineligible abstract idea
- Geographical separation dooms trademark claim
- ‘Narcotics trafficker’ defense rejected
- Litigant’s suit against courts, judges dismissed
- Body cam footage properly admitted
- Motion to withdraw pleas properly denied
- Evidence supports murder, conspiracy conviction
