The Virginia Workers’ Compensation Commission correctly denied claimant’s application for permanent and total disability. The medical evidence establishes that claimant’s complaints of left knee and leg problems were unrelated to her compensable right knee injury three years earlier. Overview Claimant ...

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

Where appellant was convicted of the attempted capital murder of two law enforcement officers, malicious wounding and firearm offenses, the trial court correctly refused to allow a defense expert to testify about appellant’s state of mind when the incident occurred, ...

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

Where appellant was convicted of possession with intent to distribute cocaine, there was sufficient circumstantial evidence that he possessed the cocaine. Further, intent to distribute was established by an expert’s testimony that the way the cocaine was packaged and the ...

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

Appellant’s Sixth Amendment rights were not violated by the admission of an unidentified co-conspirator’s statements because the statements were not testimonial and were made in furtherance of the conspiracy. Background Appellant and another individual broke down the door of Goode’s ...

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

Appellants’ statements to police detectives about her injured child were properly admitted at trial even though she was not given Miranda warnings. The trial court correctly determined that the interview, which took place in an enclosed waiting area at the ...

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

The trial court correctly denied appellant’s motion to strike the commonwealth’s evidence of burglary and destruction of property. There is sufficient evidence to affirm the court’s guilty verdicts on both charges. Background Price went to a shed on his property ...

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

The trial court correctly determined that appellant’s “knuckle knife” was a weapon within the meaning of  Code § 18.2-308(A) and thus could not be concealed on his person. Appellant’s conviction for carrying a concealed weapon is affirmed. J.B., a 10-year-old ...

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

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