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

The court rejected defendant’s claim that introduction of video and photographic evidence depicting the controlled purchase of illegal drugs violated the Confrontation Clause as the informant had died and could not be questioned. The court found the contents did not ...

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

An employer wrongly claimed that a coal miner who suffered loss of lung function needed to prove his disability after medical tests “conducted according to” established standards. Background The claimant suffered loss of lung function due to his exposure to ...

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

A man charged with leaving three minor children alone at a shopping center failed to show a justifiable reason for his action, and his conviction for contributing to the delinquency of a minor by abuse or neglect is affirmed. Background ...

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

The circuit court did not err in classifying only 30 percent of a litigation-support company’s increase in value during the course of an owner’s marriage as marital property. The court considered evidence as to whether the increase was due to ...

Tagged with: Domestic Relations Family Law Judge Marla Graff Decker Unpublished Opinion Virginia Court of Appeals

For equitable-distribution purposes, the circuit court erred in failing to determine the amount of a husband’s student loans as of the date he and his wife separated. Under the circumstances, it was within its authority to re-open evidence on that ...

Tagged with: Domestic Relations Family Law Judge Marla Graff Decker Unpublished Opinion Virginia Court of Appeals

Under Code § 19.2-306, the circuit court had jurisdiction to hear the case against the appellant when it revoked her “indefinite” probation and ordered her to serve 90 days of her previously suspended sentence. Background Appellant Dorothy Cilwa was convicted ...

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

The trial court erred in granting the defendant’s motion to suppress evidence. His resistance to the efforts to handcuff him provided probable cause to arrest for obstruction of justice, thereby legitimizing the search of his person and the bundle he ...

Tagged with: Constitutional Criminal Judge Marla Graff Decker Search & Seizure Virginia Court of Appeals