Free Newsletter
Suspended sentence revoked for probation violation
The trial court did not abuse its discretion when it revoked appellant’s suspended sentences and imposed an active term of incarceration. Repeat offender “[T]he trial court revoked seven years of Walters’ previously suspended sentences, re-suspended five years, and placed him on supervised probation. “Under the revocation statute in effect when Walters’ revocation proceeding began, once [...]
Denial of permanent benefits supported
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 suffered a compensable injury to her right knee in November, 2012. The commission awarded m[...]
No evidentiary error in capital murder case
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, Overview Appellant lived with Johnson, his ex-wife. Their 19-year-old daughter, A.J., called 911 and told […]
Evidence supported intent to distribute cocaine
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 quantity involved, along with the fact that appellant did not possess anything to ingest the […]
Unidentified co-conspirator’s statement properly admitted
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 boarding house room despite Goode and Martin’s efforts to barricade it with their bodies. Once […]
Evidence properly admitted in child abuse or neglect case
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 hospital, was a consensual encounter and not a custodial interrogation. Further, there was sufficient evidence […]
Property destruction and burglary convictions affirmed
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 to get a ladder. The lock had been broken off and the door was open. […]
Knuckle knife was concealed weapon
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 child, and his adult neighbor, Jamal, were playing with a football. Jamal threw the football […]
Reimposed sentences served consecutively
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 larceny and larceny with intent to sell or distribute. These were counts two and three […]
No jurisdiction over claim against employer and insurer
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 opinion issued this day in Wardell Orthopaedics, P.C. v. Colonna’s Shipyard, Inc, ___ Va. App. […]
Suspended sentences revoked for good behavior violation
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 his suspended sentences is affirmed. Facts Appellant was given suspended sentences for five previous co[...]
Convictions for illegal cigarette trafficking upheld
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 separate occasions within a short period of time.” Overview “Individuals engaged in illegal cigarette traff[...]
Verdicts & Settlements
- Jury reaches defense verdict in $4M med mal action
- Dental hygienist tripped, fractured right wrist, foot — $190,000 settlement
- Couple contracted Hepatitis A after dining at restaurant — $5.5M settlement
- Elderly man suffers hip fracture after attack by neighbor’s dog — $350,000 settlement
- Motorcyclist injured when vehicle abruptly changed lanes — $300,000 verdict
- Passenger ejected from car in high-speed chase crash — $685,000 settlement
- Defense verdict reached in fraud suit
- 8-year-old killed in crash involving tractor-trailer — $1,100,000 settlement
- Plaintiff conceived child after vasectomy — $250,000 settlement
- Delay in diagnosis of ectopic pregnancy led to surgery — $283,432.18 settlement
- Golfer stepped in sinkhole, fractured ankle — $442,000 verdict
- Jury sides with woman injured in rear-end collision — $300,000 verdict
Viewpoint
- The promise and peril of artificial intelligence in patent law
- Keys to becoming an unfrazzled lawyer
- Confused about federal COVID-19 emergencies ending? You’re not alone
- Generative AI in law: New survey of lawyer perspectives and plans
- Four misconceptions about appeals
- Font choice exposes fabricated document
- USPTO launches first-time filer expedited exam pilot program
- In times of crisis, the ‘tug of war’ is over
- The ever-evolving Fourth Circuit
- Federal protections for pregnant, nursing employees coming
- It’s time for employers to embrace the ‘Big Quit’ and adapt
- Tell the whole truth? I’ll do better than that
Polls
Loading ...