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

Where claimant crushed her hand between the walk-behind fork truck she was operating and a metal crate, the Virginia Workers’ Compensation Commission correctly affirmed the deputy commissioner’s decision to approve claimant’s application for benefits. The employer did not prove that ...

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

Where appellant received a deferred disposition of a marijuana possession charge in 2007, the trial court correctly ruled that he could not receive a deferred disposition of a methamphetamine possession charge under the amended version of the deferred disposition statute. ...

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

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