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

The Court of Appeals affirms a change of custody to sole legal and primary physical custody of a couple’s two daughters to father, because mother did not provide a proper appendix; as appellant, mother was responsible for providing a complete ...

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

The Court of Appeals says a trial court did not err in awarding mother sole legal and physical custody of a couple’s daughter and in prohibiting the father from attending the child’s gymnastic practices and ordering the child not to ...

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

Evidence supporting a charge of meth­amphetamine manufacture is suppressed because the affidavit filed with the clerk’s office omitted a page with the investiga­tor’s statements supporting the warrant and the commonwealth failed to file the affidavit within 30 days of the ...

Tagged with: Judge Jean Harrison Clements Search & Seizure Virginia Court of Appeals