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

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