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

Where appellant used his cell phone to make unauthorized withdrawals from his grandmother’s bank account, his computer fraud conviction is affirmed. His cell phone was a device that fell within the statutory definition of a computer. Overview Appellant was charged ...

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

Where the circuit court sua sponte declared a mistrial when, after the jury was sworn and evidence was presented, a prosecution witness who lacked immunity expressed concern that he might incriminate himself, defendant’s failure to object to the mistrial and ...

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

Where defendant pleaded guilty to pos­sessing heroin with intent to distribute in the city of Fredericksburg, a later charge of possessing heroin with intent to dis­tribute, second offense, in Spotsylvania County did not violate double jeopardy principles. Defendant complains that ...

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

There was sufficient evidence to convict appellant of receiving a stolen firearm. However, his conviction for possession of marijuana is reversed. The results of a field test were inadmissible because the Department of Forensic Science had not approved the test ...

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

Where the minor child’s mother extended the child’s stay in Bulgaria for months after the parties’ agreement, the court correctly decided that she could have only supervised visitation until she gave the child’s passport to the court. Background The initial ...

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