Please ensure Javascript is enabled for purposes of website accessibility

Judge Jean Harrison Clements

Oct 6, 2015

Medical Testimony Supports Abuse Crime

The Court of Appeals affirms defendant’s conviction of abuse and neglect of a child in violation of Va. Code § 18.2-371.1, based on expert medical testimony about the child’s subdural hematoma and retinal hemorrhage. Defendant argues the evidence proved the child’s symptoms resulted from factors that did not involve criminal conduct. He claims the evidence […]

Oct 6, 2015

No Instruction for Defense of Others

The Court of Appeals affirms defendant’s conviction for voluntary manslaughter in the shooting death of a family member’s boyfriend who allegedly pulled a gun on defendant when defendant refused to allow the boyfriend to take his six-year-old niece, who had told defendant the boyfriend had chased her with a knife. When the boyfriend came to […]

Oct 6, 2015

Text Messages Support Car Theft Charge

A trial court was entitled to credit testimony of defendant’s companion that he told her he stole a car from an airport lot and asked her to “ditch” the car, backed up by text messages on her phone, as opposed to defendant’s story that his companion had stolen the car; the Court of Appeals affirms […]

Oct 6, 2015

Employer Not Liable for ‘Second Opinion’

A claimant who injured her back in a work-related accident is not entitled to a second opinion and a panel of pain-management specialists, and the Court of Appeals upholds the commission opinion denying claimant such services. Contrary to claimant’s assertion, the commission did not arbitrarily disregard claimant’s testimony or find it to be incredible. Rather, […]

Oct 6, 2015

Medical Testimony Support Abuse Crime

The Court of Appeals affirms defendant’s conviction of abuse and neglect of a child in violation of Va. Code § 18.2-371.1, based on expert medical testimony about the child’s subdural hematoma and retinal hemorrhage. Defendant argues the evidence proved the child’s symptoms resulted from factors that did not involve criminal conduct. He claims the evidence […]

Oct 6, 2015

No Instruction for Defense of Others

The Court of Appeals affirms defendant’s conviction for voluntary manslaughter in the shooting death of a family member’s boyfriend who allegedly pulled a gun on defendant when defendant refused to allow the boyfriend to take his six-year-old niece, who had told defendant the boyfriend had chased her with a knife. When the boyfriend came to […]

Oct 6, 2015

Text Messages Support Car Theft Charge

A trial court was entitled to credit testimony of defendant’s companion that he told her he stole a car from an airport lot and asked her to “ditch” the car, backed up by text messages on her phone, as opposed to defendant’s story that his companion had stolen the car; the Court of Appeals affirms […]

Jul 29, 2015

No Robbery Conviction on Lesser Charge

The Court of Appeals reverses defendant’s conviction of robbery which the jury handed down in a trial charging defendant not with robbery, but with attempted robbery; the court applies the ends of justice exception to hear this appeal. Defendant admits he did not argue in the trial court that he was erroneously convicted of robbery […]

Jul 29, 2015

No Hit & Run, But Reckless Driving Upheld

Although the trial court found defendant tractor-trailer driver to be a credible witness and acquitted him of felony hit and run in an accident involving another vehicle, the Court of Appeals affirms defendant’s conviction of reckless driving. Witnesses stated defendant’s truck clipped another car as it tried to move into a center traffic lane, and […]

Jul 15, 2015

Defendant’s Actions Showed ‘Intent’

Although defendant said he ran into the victim’s home in order to elude police, not to assault her, his actions in remaining inside, punching her and knocking her to the ground and threatening to kill her supported the trial court conclusion that defendant intended to commit assault battery at the time he entered the home; […]

Oct 28, 2014

Claim Waived for Uncertified Trial Record

Defendant made no effort to seek assistance from the trial court after the trial court clerk indicated the record could not be certified as complete and accurate, and the Court of Appeals says defendant waived his argument that he was denied due process; his conviction of aggravated malicious wounding for attacking and severely injuring his […]

Oct 7, 2014

Claimant Who Falls Needs Dental Treatment

A claimant who suffered from chronic pain syndrome and leg weakness after a large metal desk fell on him at work may be entitled to medical payments for dental treatment needed after several falls in which he damaged his teeth; the commission erred in disregarding claimant’s uncontradicted, unimpeached testimony, and the Court of Appeals reverses […]

Verdicts & Settlements

See All Verdicts & Settlements

Opinion Digests

See All Digests