A Dulles airport employee who was injured while servicing an airplane will not recover benefits because he failed to exclude lightning as a possible cause of his injuries, which is an “act of God”, and failed to show he was ...

Tagged with: Judge Marla Graff Decker Virginia Court of Appeals Workers' Compensation

Where an expert testified that febrile seizures did not cause the death of the defendant’s child, and the defendant had the means, motive and opportunity to intentionally cause the child’s death, the defendant was properly convicted of capital murder even ...

Tagged with: Criminal Judge Marla Graff Decker Virginia Court of Appeals

Where an employee received workers’ compensation benefits for a right shoulder injury sustained in the course of her employment, she was also entitled to benefits for a left shoulder injury that was caused by overcompensation following the original injury. Background ...

Tagged with: Judge Marla Graff Decker Virginia Court of Appeals Workers' Compensation

An employee failed to follow his employer’s safety rule and was injured after circumventing an interlock gate that would have automatically shut down equipment in a commercial laundry. Because the employee conceded that the employer enforced the safety rule, the ...

Tagged with: Judge Marla Graff Decker Virginia Court of Appeals Workers' Compensation

The trial court did not violate the due process clause by admitting hearsay testimony that the defendant violated the terms and conditions of his probation because this testimony was not testimonial in nature. Background Appellant was released on probation on ...

Tagged with: Criminal Judge Marla Graff Decker Virginia Court of Appeals

The court affirmed the embezzlement conviction of a woman who borrowed a friend’s rental car and failed to return it, even after the police advised her to do so, finding the failure to return the car coupled with  surrounding circumstances, ...

Tagged with: Criminal Judge Marla Graff Decker Virginia Court of Appeals

In rejecting a man’s attempt to upset his assault and battery conviction, the court found evidence supported the trial court’s conclusion that he intended to act in a rude manner and did so when he grabbed the victim’s face and ...

Tagged with: Criminal Judge Marla Graff Decker Virginia Court of Appeals

In rejecting a woman’s challenge to being found guilty of driving after forfeiture of her license, the court said the evidence showed she had twice been convicted for driving on a revoked license, and had notice of these prior convictions ...

Tagged with: Criminal Judge Marla Graff Decker Virginia Court of Appeals

Although a jury acquitted the defendant of murder, it could convict him of using a firearm in the commission of a murder where the evidence supported that charge. Background Appellant was tried by a jury for the murder of Leon ...

Tagged with: Criminal Judge Marla Graff Decker Virginia Court of Appeals

The 11 judges of the Court of Appeals of Virginia have decided on a change in leadership. The court on Nov. 27 elected Judge Marla Graff Decker as chief judge-elect. On Jan. 1, she will succeed Chief Judge Glen A. ...

Tagged with: Judge Glen A. Huff Judge Marla Graff Decker Virginia Court of Appeals News