Where the parties’ property settlement made husband liable for all marital debts, his subsequent loan default and post-marriage refinancing by both husband and wife did not make wife responsible for half of the new loan. Overview During the parties’ marriage, ...

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

There was sufficient evidence that appellant set fire to his fiancée’s rented home. His conviction of arson of an occupied dwelling is affirmed. Motive and opportunity “The appellant argues that the evidence is insufficient to prove that he was the ...

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

Appellant’s conviction of defrauding an innkeeper is affirmed because there was sufficient evidence that she “put up” in a hotel with the intent to not pay for her lodging. ‘Put up’ “The appellant suggests that the evidence is insufficient to ...

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

Appellant’s convictions of sex crimes arising from his molestation of a young child who did not reveal the abuse until she was an adult are affirmed. The trial court properly qualified an expert on delayed disclosure of abuse and allowed ...

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

There was credible evidence to support the Virginia Workers’ Compensation Commission’s determination that plaintiff’s back and neck injuries were compensable consequences of her initial shoulder, arm and wrist injuries arising from being hit in the ankle by equipment at work. ...

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

Where the Virginia Workers’ Compensation Commission reduced some surgical bills a medical care provider submitted to the claimant’s employer and its workers’ compensation carrier, the decision is reversed. Code § 65.2-605 does not provide for an automatic 50 percent reduction ...

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

Even though appellant agued self-defense to the jury, his assignment of error on appeal – that “the Commonwealth’s evidence failed to exclude the reasonable hypothesis of innocence that [he] possessed a reasonable apprehension of imminent bodily harm or death and ...

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

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