A defendant who shot the victim in the abdomen resulting in a surgical scar can be convicted of aggravated malicious wounding; the Court of Appeals affirms his conviction under Va. Code § 18.2-51.2. Defendant argues the trial court erred in ...

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

A circuit court could not award child support arrearage under a pendente lite award retroactive to the period after the 2007 dismissal of wife’s 2002 divorce action under Va. Code § 8.01-335(B); the Court of Appeals reverses the support award ...

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

The Court of Appeals upholds defendant’s conviction of first-degree murder; even if a receipt for a .9 millimeter FC Luger caliber gun found in defendant’s car was inadmissible hearsay, the error was harmless in light of the overwhelming evidence implicating ...

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

A defendant who admitted involvement in an exchange of gunfire outside his home, in which he was injured, can be convicted of using a firearm while in possession of more than 25 pounds of marijuana found in the trunk of ...

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

At defendant’s trial for grand larceny of laundry soap, beer and tissues from a Walmart store, the trial court did not err in admitting into evidence the receipt created by Walmart employees to demonstrate the value of the items allegedly ...

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

A father was unable to provide for the daily needs of his six-year-old son but left his care to the mother, who was mentally ill and had attempted suicide, and the Court of Appeals upholds termination of the father’s parental ...

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

The Court of Appeals reverses defendant’s conviction for driving on a suspended license where Department of Motor Vehicle records showed a letter sent by certified mail notifying her of her license suspension for failure to complete a “clinic interview” was ...

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

Although defendant was discovered in a parked car in a hotel parking lot wearing only a woman’s nightgown pulled up to his waist and exposing his genitals, the totality of the circumstances does not support his conviction of indecent exposure, ...

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

An emergency medical technician with the fire department who suffered a stroke is not entitled to workers’ comp by application of the presumption for fire fighters and police officers pursuant to a Virginia statute; the Court of Appeals affirms denial ...

Tagged with: Judge James W. Haley Jr. Virginia Court of Appeals Workers’ Comp

The Court of Appeals affirms defendant’s jury trial conviction for voluntary manslaughter in shooting his adult son; son’s high school classmate testified to her impartiality and the blood spatter expert provided relevant evidence without deciding the ultimate question of guilt. ...

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