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Tag Archives: Judge Mary Bennett Malveaux

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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Previously available evidence dooms actual innocence writ (access required)

The court denies a petition for a writ of actual innocence because it was based on evidence available to petitioner before his conviction became final in the circuit court. Background On July 27, 2010, petitioner Johnson pleaded guilty to bank ...

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Appellant not in custody while getting medical treatment (access required)

Where appellant made incriminating statements while being treated at a hospital for a gunshot wound, the statements were admissible because appellant was not in custody at the time. Overview Investigator Giles was investigating a shooting in a restaurant parking lot ...

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Written threats sufficient for obstruction convictions (access required)

Where a search of appellant’s jail cell revealed his notes, which included threats to a woman he was charged with sexually assaulting and two investigators, this was sufficient evidence to sustain three convictions of obstructing justice. Overview Appellant was arrested ...

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Evidence did not support reckless driving conviction (access required)

Where the commonwealth’s evidence showed that appellant hit a motorcycle, the fact of the collision, without more, was insufficient to sustain a reckless driving conviction. A “conviction for reckless driving requires a mens rea of a knowing disregard of a ...

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Spousal support correctly determined on remand (access required)

The circuit court, on remand, properly considered all the statutory factors when determining the amount and duration of wife’s spousal support award. Further, the court correctly rejected wife’s motion to use an alternative valuation date for a certain bank account ...

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Driver who failed to see motorcyclist not ‘reckless’ (access required)

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A Virginia Court of Appeals panel majority says a driver could not be guilty of reckless driving when the evidence showed only that he failed to see a stopped motorcyclist in time to avoid a fatal collision. The court overturned ...

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