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

A defendant’s claim that jury instructions in his trial for forcible sodomy and sexual battery were confusing was speculation. Background On Oct. 2, 2015, the victim met the appellant at a bar in Fredericksburg around 11:30 p.m. The victim had ...

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

Where an inmate was wearing jeans at the time of a random, unannounced search, and officers found a controlled substance in the jeans, he possessed the controlled substance and his conviction is affirmed. Background On March 23, 2016, appellant and ...

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

The commission was entitled to give greater weight to the treating physician’s opinion and rely on his testimony that physical therapy and massage administered to manage an employee’s pain was reasonable, necessary and causally related to his work injury. Background ...

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

Evidence that showed only possible preparation for a robbery and not that a planned robbery was imminent is insufficient to sustain a conviction for attempted robbery and the related conviction for use of firearm. Background At about 5:45 a.m. on ...

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

Because a prisoner failed to file a timely objection to a continuance and agreed to a new trial date before objection, no speedy trial violation occurred. Background In June 2014, appellant was sentenced to five years in prison, with four ...

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

A Lowe’s employee who failed to produce evidence that the treatment he sought for crying spells was causally related to his work accident has his claim denied. Background Claimant suffered from epilepsy as a child and had a temporal lobectomy ...

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

After a divorced couple’s former residence was significantly damaged by fire, the husband was entitled to reimbursements from the wife for his outlays to return to property to saleable condition. The trial court did not err in decreasing the wife’s ...

Tagged with: Contract Domestic Relations Family Law Judge Jean Harrison Clements Virginia Court of Appeals

Cosby v. Commonwealth (VLW No. 017-7-277, 13pp.) (Clements, J.) Record No. 1982-16-2. Appealed from the Circuit County of the City of Richmond. (Rupe, J.) Holding: Where the testimony of a detective that he saw the appellant-defendant in the courthouse about ...

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

In ruling on father’s petition to modify child support, the circuit court abused its discretion by averaging father’s income from a film production company for the past four years, instead of basing its calculation on father’s current income; however, the ...

Tagged with: Domestic Relations Judge Jean Harrison Clements Virginia Court of Appeals