There was sufficient evidence to convict appellant of child cruelty. The evidence supports findings that she caused a child to be kept in a cage at night and withheld food from her. Further, appellant did not properly preserve her constitutional ...

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

The trial court correctly determined that testimony from state police special agent concerning blood spatter evidence had a proper foundation. A photograph of a bloodstain on one of appellant’s tennis shoes from which the special agent drew her conclusions was ...

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

Even though the victim undressed while appellant was in her bedroom, she covered herself with a blanket before he began making a video recording and thus had a reasonable expectation of privacy. Appellant was properly convicted of the unlawful creation ...

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

Where the employer claimed a medical provider’s bills for treating a workers’ compensation claimant could not constitute prima facie evidence that the amount charged was reasonable, the commission correctly concluded that the amounts charged were presumed to be reasonable. The ...

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

Where a caller told the police two men and a woman were blocking his driveway with a car and brandished a firearm, a responding officer correctly made a protective search of the car after seeing appellant apparently concealing something under ...

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

Even though the claimant’s injury arose during the course of his employment, he was correctly denied workers’ compensation benefits because the injury did not arise out of his employment as a plumber.  There was no evidence that the circumstances under ...

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

Appellant’s appeal cannot be considered because he did not timely file transcripts. Although the trial court heard and denied a post-trial motion to reconsider the guilty verdict after sentencing appellant, this did not extend the deadline for filing the transcripts. ...

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

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