A defendant’s conviction for obtaining funds using false pretenses based on her withdrawal of $110 in cash after she had deposited two checks into her account that were subsequently rejected was upheld because the significant deficiencies in her appellate brief ...

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

Where an officer’s testimony and a record keeper’s affidavit demonstrated that the defendant missed a sex-offender reregistration date, and the defendant’s statements to the officer that he thought he had mailed the form in gave rise to a presumption that ...

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

A statutory exemption allowing individuals to possess a firearm with a magazine capacity of more than 20 rounds if it is secured in a personal, private motor vehicle was not available to a defendant who had stored the firearm in ...

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

A Dulles airport employee who was injured while servicing an airplane will not recover benefits because he failed to exclude lightning as a possible cause of his injuries, which is an “act of God”, and failed to show he was ...

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

Where an expert testified that febrile seizures did not cause the death of the defendant’s child, and the defendant had the means, motive and opportunity to intentionally cause the child’s death, the defendant was properly convicted of capital murder even ...

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

Where an employee received workers’ compensation benefits for a right shoulder injury sustained in the course of her employment, she was also entitled to benefits for a left shoulder injury that was caused by overcompensation following the original injury. Background ...

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

An employee failed to follow his employer’s safety rule and was injured after circumventing an interlock gate that would have automatically shut down equipment in a commercial laundry. Because the employee conceded that the employer enforced the safety rule, the ...

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

The trial court did not violate the due process clause by admitting hearsay testimony that the defendant violated the terms and conditions of his probation because this testimony was not testimonial in nature. Background Appellant was released on probation on ...

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

The court affirmed the embezzlement conviction of a woman who borrowed a friend’s rental car and failed to return it, even after the police advised her to do so, finding the failure to return the car coupled with  surrounding circumstances, ...

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

In rejecting a man’s attempt to upset his assault and battery conviction, the court found evidence supported the trial court’s conclusion that he intended to act in a rude manner and did so when he grabbed the victim’s face and ...

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