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Conviction affirmed despite counsel’s suspension
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 stage of the proceeding, and he chose to proceed with her in spite of the […]
Conviction affirmed despite counsel’s suspension
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 stage of the proceeding, and he chose to proceed with her in spite of the […]
Man’s move out of state with girlfriend was desertion
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 wife a divorce based on desertion. Background The parties married in 1975. In 1991, they […]
Right to challenge sentence waived by failure to object
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 commonwealth, the evidence established that the victim had met appellant at work and had been […]
Based on Burglar’s Intent, Screwdriver is a Deadly Weapon
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, Choon Poong Lee, was convicted of statutory burglary in violation of Code § 18.2-91 and, […]
Evidence – Medically Necessary
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 finding by the full commission that his requested “running blade” was not medically necessary and […]
Perjury Conviction Upheld for Criminal Complaint
The Court of Appeals affirms defendant’s conviction for perjury based on his having filed a sworn criminal complaint outlining a prison guard’s alleged assault while closing the tray slot door on defendant’s arm when serving him a meal, these statements would have caused the magistrate to issue a warrant, if believed, and the jury reasonably […]
Light-Duty Employee Needed to Seek Work
The commission did not err in holding that claimant did not sufficiently market his residual capacity for work during his light-duty status with United Parcel Service after knee-replacement surgery, the Court of Appeals holds. The record establishes that claimant’s doctor had placed him on light-duty status and had prescribed only “Advil” instead of the narcotic […]
Cell Phone Texts Had No Foundation
The commonwealth did not show a cell phone found in the vehicle defendant was driving belonged to him and the trial court erred in admitting text messages about marijuana sales; the Court of Appeals reverses defendant’s drug distribution conviction. This court has previously held that text messages constitute writings for purposes of the best evidence […]
No Prejudice from Denial of Teeth Removal
At defendant’s trial for attacking and sexually assaulting one woman and attacking a second woman and stealing her car, in the same afternoon, the trial court did not err reversibly in refusing to allow defendant to remove his gold teeth before the jury, in an effort to prove that he was not the assailant because […]
Prior Conviction Shown for Third-Offense Larceny
A defendant charged with larceny for removing clothing from hangers at a Kohls store and taking it to the return desk for store credit can be convicted of larceny, third offense, under Va. Code §§ 18.2-96 and 18.2-104; the trial court did not err in rejecting defendant’s motion in limine arguing that she could not […]
Passenger Tagged for Baggie Thrown from Window
Although appellant testified he did not know there was marijuana in the car in which he was a passenger, and from which someone threw a bag of marijuana packaged for distribution from the passenger-side window, the Court of Appeals affirms the trial court decision rejecting appellant’s credibility, and affirms his conviction for possession of marijuana […]
Verdicts & Settlements
- Woodshop incident leads to amputation of fingers — $1.3M settlement
- Motorcyclist’s foot amputated in collision — $7M settlement
- Contractor rear-ended on interstate on way to wedding — $825,000 settlement
- Man suffers back injury in crash with out-of-state driver — $530,000 settlement
- Driver crossed center line, struck 89-year-old’s vehicle — $1.2M settlement
- Jury returns defense verdict in favor of gastroenterologist
- Teens killed in T-bone collision with officer — $3.1M settlement
- Man sustained subdural hematoma in rear-end collision —$1.15M settlement
- Adequate anesthesia not provided during C-section — $2.5M verdict
- Tenant fell ill from mold in apartment — $588,000 verdict
- Woman suffers nerve injury, pain after dental procedure — $550,000 settlement
- Driver struck child exiting school bus — $750,000 settlement
Opinion Digests
- Suit over historic mansion and estate dismissed
- Former employee’s claims survive motion to dismiss
- Equal Pay Act doesn’t apply to applicant
- Court rejects invocation of attorney-client privilege
- Evidence supported competency determination
- Appellees had power to remove business manager
- No continuance after witnesses failed to appear
- No actual or constructive eviction in warranty case
- Gas distribution pipeline exempt from ZBA regulation
- Improper venue in air pollution regulation matter
- No benefits awarded in unemployment comp case
- No immunity for judge who personally oversaw search
