Where, as part of the equitable distribution, the trial court awarded a preserved pre-embryo to wife and did not compensate husband for his share of the marital property, the court’s judgment is reversed. The case is remanded so the trial ...

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

There was sufficient evidence that appellant’s corporal punishment of his child “exceeded the bounds of due moderation” and that he had “at least criminally negligent intent.” As a result, his child cruelty conviction is affirmed. Legal standard “The proscription in ...

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

Where appellant, who was convicted of possessing marijuana, argued there was insufficient evidence that the plant material was marijuana, the commonwealth did not have the burden to show that the material contained no more than .3 percent THC, which would ...

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

Where appellant placed his hands inside the sleeping victim’s pants, this was a lack of consent that established the constructive force necessary to sustain appellant’s conviction for aggravated sexual battery. Overview J.A. was 14 years old when she and her ...

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

Where police received reliable information from a confidential informant that appellant was selling drugs, and described appellant’s clothing and his location in an area known for drug activity, this provided a reasonable suspicion to detain appellant. Drugs found on appellant’s ...

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

The circuit court made adequate findings when awarding the wife a lump sum spousal support award payable over five years in monthly installments. The husband cannot argue on appeal that the circuit court did not make findings of fact relating ...

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

Appellant’s conviction of felony failure to appear  is reversed because there is insufficient evidence that he “willfully failed to appear after receiving proper notice of his court date.” Prior proceedings The trial court convicted appellant of failing to appear for ...

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

Appellant’s conviction for driving on a suspended license, fifth offense, is reversed. The prosecution has conceded that appellant lacked sufficient notice that her license was suspended when she committed the offense. Prior proceedings In July 2016, a police officer made ...

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

The trial court erred by weighing a COVID-19 delay significantly in defendant’s favor when dismissing the charges against him on constitutional speedy trial grounds. Length of delay “The Commonwealth contends that the circuit court’s constitutional speedy trial analysis was erroneous ...

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

Where there were no life insurance policies naming wife as beneficiary when the court issued the final divorce decree, the court incorrectly ordered husband to obtain a new $100,000 policy for wife’s benefit. No statutory authority “A ‘court may order ...

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