The Court of Appeals affirms defendant’s single jury trial convictions for aggravated malicious wounding and second degree murder of victim who died six months after being stabbed; the offenses charged have separate and distinct elements allowing prosecution for both without ...

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

The Court of Appeals dismisses an appeal from a perjury conviction, as the notice of appeal mistakenly identified the case number of defendant’s conviction for felony failure to appear, which occurred at the same trial but was unrelated and bore ...

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

In the beginning there were three. Clerks, that is. Fifty years ago this month, the Supreme Court of Virginia hired its first class of judicial law clerks. And that first class had three members: John Pedigo, law clerk for Justice ...

Tagged with: Judge James W. Haley Jr. Judge John A. Gibney Jr. Judge Stephen R. McCullough Justice Harry L. Carrico Supreme Court of Virginia News

At a robbery defendant’s probation revocation hearing, a trial court did not violate defendant’s due process right to confront witnesses when it admitted a detective’s hearsay testimony concerning two other offenses, one of which never resulted in charges against the ...

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

A laborer hired in Virginia to perform a job in Delaware cannot collect workers’ comp in Virginia for a job-related injury, and the Court of Appeals upholds the commission’s denial of benefits. While doing drywall work in Delaware, claimant fell ...

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

A divorce court erred in failing to recognize that husband’s acquisition of half the stock of a family pesticide business owned by husband, his brother and their mother, was a gift from the corporation, and the Court of Appeals reverses ...

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

An employee who stopped working after being released to pre-injury work is not entitled to benefits from a change in condition, the Court of Appeals says; employee failed to prove adequate marketing of his residual capacity and the commission properly ...

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

A delivery truck driver’s pre-existing conditions negate application of a presumption that his heart attack was work-related, the Court of Appeals says; the commission’s denial of dependent benefits is affirmed. Employee worked as mail delivery truck driver for a county ...

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

The Court of Appeals says a trial court did not abuse its discretion in denying defendant’s motion to withdraw his guilty plea to a felony charge of abduction with intent to defile of a woman whom he had followed and ...

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

The Court of Appeals affirms the commission’s termination of employee’s benefits for failure to participate in vocational rehabilitation; employee may not transform employer’s change of condition hearing into an adjudication of compensability under Va. Code § 65.2-704, the Court of ...

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