Where the trial court sentenced appellant to active time after he used alcohol and marijuana while on probation, “[w]e hold that the trial court did not err by classifying his alcohol violation as non-technical and ordering the appellant to serve ...

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

Where appellant alleged that appellees tortiously interfered with his parental rights involving the parties’ minor child, the trial court correctly sustained appellees’ demurrer. Background Appellant Qiu and his wife married in 1995. When they separated, their daughter, M.Q., was eight ...

Tagged with: Family Law Judge Marla Graff Decker Virginia Court of Appeals

Where appellant was convicted of maliciously firing a gun at an occupied vehicle and attempted aggravated malicious wounding, there was sufficient evidence that she pointed the gun at the victim and her car. Discussion “Edmonds testified that the appellant pointed ...

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

There is no “good faith exception” when it comes to hand-delivering a list of employer-approved doctors to an employee with compensable injuries as required by the Workers Compensation Act, the Court of Appeals of Virginia has held. The Virginia Workers’ ...

Tagged with: Judge Marla Graff Decker Virginia Court of Appeals Workers’ Comp

Where the employer unsuccessfully attempted to hand deliver a list of physicians who could treat an injured worker, the Workers’ Compensation Appellant Commission erred by recognizing a good faith effort exception to the act’s requirement to provide a list. As ...

Tagged with: Judge Marla Graff Decker Virginia Court of Appeals Workers’ Comp

Even though husband was in an accident that prevented him from working, his income actually increased following the accident due to his receipt of Social Security benefits. As a result, the trial court correctly determined there were no changed circumstances ...

Tagged with: Domestic Relations Judge Marla Graff Decker Virginia Court of Appeals

Where appellant pleaded guilty to aggravated malicious assault and received a life sentence and a $100,000 fine, the trial court correctly determined that he had not proved any mitigating circumstances when it refused to modify his sentence. Hammer attack In ...

Tagged with: Criminal Judge Daniel E. Ortiz Judge Marla Graff Decker Virginia Court of Appeals

Where a Chesterfield County jury acquitted appellant of being a felon in possession of a firearm, collateral estoppel does not bar introduction of the same firearm and related photos at his Richmond murder trial. Background An eyewitness identified appellant as ...

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

Where a juror at appellant’s trials for rape, unlawful filming and other sex and assaultive crimes stated during voir dire that she had a friend who was raped, the trial court properly denied a defense motion to strike the juror. ...

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

A cat-breeder’s attempt to sweeten the kitty by demanding damages beyond the district court’s $25,000 jurisdictional limit while on appeal to the circuit court has been rejected by the Court of Appeals of Virginia. Despite winning at trial, the breeder ...

Tagged with: Civil Practice Judge Marla Graff Decker Virginia Court of Appeals