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

Where the court entered a final order regarding custody, visitation and support after finding that father “continued ‘to scuttle the process,’” of the court’s efforts to repair father’s relationship with the parties’ children, the court correctly denied father’s motion filed ...

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

Appellant’s extortion conviction is reversed because there was no evidence of a threat before the victim gave her money. The commonwealth concedes there was insufficient evidence to support the jury’s guilty verdict. Overview The victim responded to appellant’s ad on ...

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

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