Tag Archives: Judge Mary Bennett Malveaux

Evidence from cell phone search properly admitted (access required)

The trial court properly denied a motion to suppress evidence obtained from a warrantless search of appellant’s cell phone. The court correctly determined he abandoned the device at a restaurant. His plea-based convictions of attempted malicious wounding and several firearm ...

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Parental rights not terminated by curtailed visitation (access required)

The circuit court did not “terminate” father’s parental rights when it denied his motion to change custody, imposed conditions father needed to meet before visitation could resume and issued a protective order in favor of mother and the parties’ child. ...

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Assisted living facility’s water system is ‘waterworks’ (access required)

The Virginia Department of Health correctly determined that an assisted living facility’s water system meets the statutory definition of “waterworks,” and as such, the health department can regulate the system. Overview The statutory scheme implementing the federal Safe Water Drinking ...

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No standing to appeal VDOT land use permit (access required)

Appellant’s membership in a neighborhood association that opposed pipeline construction in their neighborhood did not give her standing to appeal the grant of a land use permit that authorized the construction. Background After the Virginia Department of Transportation approved Washington ...

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Claimant did not sustain compensable injuries (access required)

The Virginia Workers’ Compensation Commission correctly determined that claimant’s complained-of injuries to his left ear, nose, face and neck were not compensable injuries. The commission also properly ruled that his post-accident seizures were unrelated to his workplace accident. Claimant filed ...

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Judgment creditor could not compel interrogatory answers (access required)

The trial court correctly dismissed a judgment creditor’s summons to compel appellee to answer debtor’s interrogatories.  Appellee was not among the class of individuals identified in Code § 8.01-506(A) who can be compelled to answer debtor’s interrogatories. The statute does ...

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