Appellant’s reimposed sentences will be served consecutively because the original sentencing order is best understood as providing for concurrent service of the active sentences and consecutive terms for the suspended sentences. Overview In August 2016, appellant was convicted of grand ...

Tagged with: Criminal Judge Jean Harrison Clements Virginia Court of Appeals

The Workers’ Compensation Commission correctly determined that it lacked jurisdiction to hear a claim by a medical provider against a shipyard and its insurer for payment of services rendered to the shipyard’s employee. “[T]his case is controlled by the published ...

Tagged with: Judge Jean Harrison Clements Virginia Court of Appeals Workers’ Comp

The trial court properly admitted, under the relaxed evidentiary standard applicable at suspended sentence revocation hearings, field test results that established a vial found near appellant contained PCP. The trial court’s determination that appellant violated the good behavior provisions of ...

Tagged with: Criminal Judge Jean Harrison Clements Virginia Court of Appeals

Appellant’s convictions for fraudulent cigarette purchases and illegal distribution are affirmed. Appellant did not have valid documentation when he made bulk cigarette purchases and submitted no documentation that he remitted sales tax on the 40,000 cigarettes he purchased “on three ...

Tagged with: Criminal Judge Jean Harrison Clements Virginia Court of Appeals

Appellant’s argument that there was insufficient evidence to prove he inflicted the injuries found on a 4-year-old child’s body is belied by his admission to a police detective and a grand jury that he struck the child four times with ...

Tagged with: Criminal Judge Jean Harrison Clements Virginia Court of Appeals

Appellant’s exposure of his penis and genitalia to a child in a store, without more, was insufficient to convict him of taking indecent liberties with a child because there is no evidence that he had the requisite lascivious intent. His ...

Tagged with: Criminal Judge Jean Harrison Clements Virginia Court of Appeals

A high school student’s interview in his associate principal’s office that included the associate principal, a police detective and a school resource officer acting as the student’s translator was not a custodial interrogation, so no Miranda warnings were required. His ...

Tagged with: Evidence Judge Jean Harrison Clements Virginia Court of Appeals

Testimony from the claimant and his doctors that his prior left knee injury caused his right knee injury was sufficient to support the commission’s decision. Background Claimant’s original injury was a left knee meniscal tear, which was treated by a ...

Tagged with: Judge Jean Harrison Clements Virginia Court of Appeals Workers' Compensation

Testimony from multiple witnesses, together with other testimony, including the defendant’s own telephone calls, supported his conviction for possession of a firearm. Background The evidence established that Erica Hutchings heard gunshots after 7 a.m. on Oct. 29, 2017, and saw ...

Tagged with: Criminal Judge Jean Harrison Clements Virginia Court of Appeals

Police officers did not have probable cause to search a defendant’s car based on the presence of folded lottery tickets in plain view because lottery tickets have a legitimate purpose and their incriminating nature was not immediately apparent. As a ...

Tagged with: Criminal Judge Jean Harrison Clements Virginia Court of Appeals