Where appellant claims that the trial court erred by playing an audio recording of his interview with a police detective then refused to admit the recording as an exhibit, appellant cannot raise the claim on appeal because he did not ...

Tagged with: Criminal Judge James W. Haley Jr. Virginia Court of Appeals

Where appellant “consumed alcohol,” put four children in her car without protective seats or restraints, lost control of the car on a curve while attempting to use her cellphone, hit trees and rolled the car twice, injuring the children, she ...

Tagged with: Criminal Judge James W. Haley Jr. Virginia Court of Appeals

Where appellant’s fingerprint was found on a gun that was several feet away from him on the ground, his conviction for possessing a firearm after conviction of a violent felony is affirmed. Overview “Appellant maintains that police obtained his identifying ...

Tagged with: Criminal Judge James W. Haley Jr. Virginia Court of Appeals

Where each party sought an order to have the other party pay attorney fees incurred in connection with father’s petition to show cause regarding mother’s failure to timely provide income information, to participate in a division of disputed person property ...

Tagged with: Domestic Relations Judge James W. Haley Jr. Virginia Court of Appeals

Where there was no written agreement between employer and claimant that he suffered a compensable injury, the Virginia Workers’ Compensation Commission correctly refused to impute a de facto benefits award. Further, the commission correctly concluded that the evidence showed that ...

Tagged with: Judge James W. Haley Jr. Virginia Court of Appeals Workers’ Comp

The commonwealth’s evidence established that a sexual assault victim was mentally incapacitated and physically helpless when appellant assaulted her at a college fraternity party. Legal standard “[E]ach of the offenses in this case – rape, forcible sodomy, and animate object ...

Tagged with: Criminal Judge James W. Haley Jr. Virginia Court of Appeals

Where a second commonwealth witness was present in the courtroom when another commonwealth witness testified during defendant’s trial for making false Medicaid payment applications, the trial court properly ruled that allowing the second witness to testify would not prejudice defendant. ...

Tagged with: Criminal Judge James W. Haley Jr. Virginia Court of Appeals

Where appellant was convicted of being a felon in possession of both a firearm and ammunition, this was a double jeopardy violation because both convictions arose from the same incident. There is sufficient evidence to support both convictions. However, on ...

Tagged with: Criminal Judge James W. Haley Jr. Virginia Court of Appeals

Where wife did not comply with the court’s scheduling order, the court correctly granted husband’s motion in limine to preclude her from presenting any evidence at the divorce trial. Prior proceedings After a three-year separation, husband filed for divorce. Wife, ...

Tagged with: Domestic Relations Family Law Judge James W. Haley Jr. Virginia Court of Appeals

Where claimant was injured when a gust of wind pushed a gate that she opened and then blew the gate back into her, the Virginia Workers’ Compensation Commission correctly applied the “act of God” doctrine to determine she did not ...

Tagged with: Judge James W. Haley Jr. Virginia Court of Appeals Workers' Compensation Workers’ Comp