Although the circuit court incorrectly vacated some portions of the parties’ custody settlement agreement, it had the authority to vacate provisions regarding parenting decisions and to “give mother decision-making authority over most issues.” Background The parties, who had two children, ...

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

Appellant’s conviction for assault and battery of a police officer is affirmed. Because she never ordered the officer from her home, she cannot rely on a defense that the officer was a trespasser who could be expelled using reasonable force. ...

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

Where appellant was convicted of credit card theft, we will not rule on the constitutionality of a related statute that creates a prima facie inference regarding possession of someone else’s credit card cards because the jury was not instructed under ...

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

Where appellant used more restraint than necessary to sexually assault the victim, his jury conviction of abduction with intent to defile is affirmed. Background The evidence, in a light most favorable to the prosecution, showed that appellant assaulted the victim, ...

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

Even though appellant pleaded guilty to trespass, this did not preclude a conviction for statutory burglary arising from the same incident. Code § 18.2-92 provides that statutory burglary is a breaking and entering with intent to commit any misdemeanor except ...

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

Where appellant told his girlfriend “‘not to show up’ for court and that ‘he didn’t want [her] to come[,]’” he was correctly charged with felony obstruction of justice. Further, the commonwealth established venue for the obstruction charge. Facts A Charles ...

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

Where a worker’s estate withdrew its timely filed claim for benefits after the statute of limitations expired, the Virginia Workers’ Compensation Commission correctly ruled that the matter was moot and that it lacked jurisdiction to consider employer’s application for a ...

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

Where the circuit court offset the equitable distribution monetary award to husband against wife’s spousal support award, based on the court’s assumption that wife would otherwise be due 14 years of support, this had the effect of impermissibly conditioning the ...

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

The circuit court correctly affirmed an administrative denial of a car dealership’s request to increase its hourly labor rate for performing warranty work. Overview Appellant Berglund Chevrolet wanted to increase its hourly labor rate for warranty work from $177  to ...

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

Where a sex abuse victim and her mother confronted appellant and recorded the conversation, there was no hearsay violation when the court admitted a portion of the recording that contained the victim’s accusations and appellant’s response. Background Appellant appeals his ...

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