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

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