Copies from a police database of appellant’s prior larceny convictions were properly admitted at trial under the business records exception to the hearsay rule. Overview A store’s loss prevention officer apprehended appellant, who was trying to take two television sets ...

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

A prenuptial agreement signed the day before a couple’s wedding was unenforceable because the groom failed to disclose $10 million in assets, the Court of Appeals of Virginia has ruled. The groom argued that the lack of disclosure didn’t matter, ...

Tagged with: Domestic Relations Judge Doris Henderson Causey Judge James W. Haley Jr. Judge Richard Y. AtLee Jr. prenuptial agreement Virginia Court of Appeals

Where appellant, who was convicted of first-degree murder, asserts he should have been convicted only of attempted murder, the evidence belies his assertion. “Sims challenges the sufficiency of the evidence on two grounds. First, he argues that the Commonwealth failed ...

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

Where appellant was convicted of aggravated sexual battery and four counts of taking indecent liberties with a child, the trial was not flawed when the court allowed the victim to testify via closed circuit television. However, one of the indecent ...

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

Appellant’s argument that there was insufficient evidence to convict him of aggravated involuntary manslaughter has not been preserved for review. His argument that his opening statement preserved the issue is not well taken. Fatal accident Appellant, who was 20 years ...

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

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