Although a driver prevailed in his traffic-infraction trial based upon a video, that did not collaterally estop his subsequent perjury trial, in which the ultimate issue was false testimony, not the video’s accuracy. Background On the morning of April 13, ...

Tagged with: Criminal Judge Mary B. Malveaux Virginia Court of Appeals

The court found that a man challenging his conviction for possession of a firearm was in constructive possession of a firearm because he was driving a vehicle in which a firearm and ammunition were found. Background On the evening of ...

Tagged with: Criminal Judge Mary B. Malveaux Virginia Court of Appeals

A man convicted of first-degree murder failed to prove that the testimony of three witnesses was contradictory and did not support the jury’s verdict that he and two others shot the victim. Background On the morning of July 16, 2014, ...

Tagged with: Criminal Judge Mary B. Malveaux Virginia Court of Appeals

Where credible evidence in the record supported the commission’s conclusion that claimant engaged in repetitive movements, could not recall specifically when his symptoms began, and was unable to identify a particular movement or action that caused the onset of his ...

Tagged with: Judge Mary B. Malveaux Virginia Court of Appeals Workers' Compensation

The trial court rejected the defendant’s argument a traffic stop was unlawful, but suppressed certain “allegedly incriminating” statements the defendant made to a magistrate judge because it was unable to determine whether the magistrate was acting only as a judicial ...

Tagged with: Evidence Judge Mary B. Malveaux Virginia Court of Appeals

Twin baby girls who, at about four months old, were found to have bone fractures and subdural hematomas indicative of abuse, could not be returned to their parents’ care when the parents were not forthcoming about how the abuse might ...

Tagged with: Family Law Judge Mary B. Malveaux Parental Rights Unpublished Opinion Virginia Court of Appeals

Timely notice of the required appearance date is not an element of felony failure-to-appear. In this case, notice could be inferred from the defendant’s presence in court (with counsel) when the continuance date was announced and by his counsel’s appearance ...

Tagged with: Criminal Evidence Judge Mary B. Malveaux Virginia Court of Appeals

A licensed Medicaid provider serving individuals with intellectual disabilities was ordered to repay a state agency for Medicaid reimbursements it issued, due to findings that the provider failed to submit and/or maintain required documentation to support its payment claims. Because ...

Tagged with: Administrative Healthcare Judge Mary B. Malveaux Unpublished Opinion Virginia Court of Appeals

In prosecuting a security worker who used a Taser to commit sexual battery, the Commonwealth did not need to prove it was a “deadly” weapon, only that it was a “dangerous” one. Evidence of the victim’s injuries satisfied that burden. ...

Tagged with: Criminal Judge Mary B. Malveaux Virginia Court of Appeals

The Workers’ Compensation Commission did not err in finding that the composition of the review panel was proper and that the claimant adequately marketed her residual work capacity. Background Claimant Kathleen Tefft was an assistant freight manager at one of ...

Tagged with: Administrative Employment Employment Law Judge Mary B. Malveaux Virginia Court of Appeals Workers' Compensation