Virginia judges have the authority under a fee-shifting statute to award attorneys’ fees even in cases where the prevailing party is represented by a legal aid lawyer, the Court of Appeals of Virginia has ruled. “It’s a very big case ...

Tagged with: Attorneys Fees Judge Glen A. Huff Judge James W. Haley Jr. Judge Mary Grace O'Brien Virginia Court of Appeals News

A defendant who hit and kicked his mother and struck her with a hammer before she died argued that the commonwealth failed to prove he injured her in a way that was “permanent and significant.” There is no injury “more ...

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

An employer who argued the employee’s testimony was inherently incredible lost on appeal because the court does not second-guess credibility determinations made by the commission. Background On May 12, 2017, claimant was employed as an “outside plant tech” for employer. ...

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

A mother who lost primary physical custody of a minor child after she learned she would be transferred to North Carolina by her military employer did not show the circuit erred in not reconsidering its decision when those orders were ...

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

The court affirmed a man’s conviction for distribution of Oxycodone and rejected his claim of ineffective assistance of counsel, finding that although his attorney was twice temporarily suspended while his case was pending, he was afforded licensed counsel at every ...

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

The court affirmed a man’s conviction for distribution of Oxycodone and rejected his claim of ineffective assistance of counsel, finding that although his attorney was twice temporarily suspended while his case was pending, he was afforded licensed counsel at every ...

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

Where a husband purchased a home in Washington state with his former high-school girlfriend in March 2016, which was several months before he left the marital residence in July 2016, the circuit court did not abuse its discretion in granting ...

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

Because the defendant’s attorney did not affirmatively object when the trial court imposed on his client a provision of no contact with the victim, the defendant waived this argument for appeal. Background Viewed in the light most favorable to the ...

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

Although a screwdriver is not a per se deadly weapon, the court of appeals held that, for purposes of applying an enhanced statutory penalty, it may be defined as a deadly weapon based on its possessor’s intent and subsequent use. The Defendant, ...

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

Pacheco v. J.P. Masonry Inc. (VLW No. 017-7-287, 7 pp.) (Haley, J.) Appealed from Va. Workers’ Compensation Comm., Va. App. Unpub. Holding:  Claimant-worker, injured in a work-related accident that resulted in a below-the-knee amputation of his left foot, challenged the ...

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